Documente Academic
Documente Profesional
Documente Cultură
VIOLENCE: THROUGH THE LENS OF LESBIANS, BISEXUAL WOMEN AND TRANS PEOPLE IN ASIA
the Philippines, and Sri Lanka experience discrimination and exclusion in their
communities and homes, at school, at work, and in public spaces. Legal protections
and policy frameworks to address these issues are either non-existent or grossly
inadequate. The result is preventable suffering and human rights violations.
While sustained emotional violence took its toll, the individuals interviewed for this
report showed great resilience and creativity, often banding together to transcend
discrimination.
IGLHRC and its partners call on governments in the region to recognize the human
rights and dignity of everyone, regardless of their sexual orientation or gender
identity or expression.
VIOLENCE:
INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS COMMISSION
Through the Lens of Lesbians,
80, Maiden Lane
New York, NY 10038
USA Bisexual Women and Trans
T: +1-212- 430-6054
E: iglhrc@iglhrc.org
www.iglhrc.org • facebook.com/IGLHRC • @iglhrc People in Asia
IGLHRC permits free reproduction of this publication, provided that due acknowledgment is given.
CONTE NTS
ACKNOWLEDGEMENTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
RECOMMENDATIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
In Pakistan, the project was coordinated through O. In We are deeply indebted to our partners and to the many
both Malaysia and Pakistan, the research coordinators and courageous women and trans persons who shared their
authors asked to remain anonymous for fear of reprisals. testimonies and recommendations with us, and without
whom this project could never have moved forward.
The Philippines research was coordinated by Angie
Umbac, under the auspices of the Rainbow Rights Project.
The Philippines country chapter was authored by Oscar
Atadero, Angie Umbac, and Joy Cruz. Joy Cruz works with
the Society of Transsexual Women of the Philippines.
ii VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
RESEARCH PARTNER ORGANIZATIONS
The International Gay and Lesbian Human Rights Commission (IGLHRC),
founded in 1990, is a leading international human rights organization
dedicated to improving the lives of people who experience discrimination
or abuse on the basis of their sexual orientation, gender identity or gender
expression. It is dedicated to strengthening the capacity of the LGBT human
rights movements worldwide to effectively conduct documentation of LGBT
human rights violations, train activists to carry out evidence-based advocacy,
and engage in human rights advocacy with partners around the globe.
Gay Japan News was established in 2005. It advocates for LGBT rights,
translates LGBT-related news reports from around the world for Japanese LGBTI
people and allies, and submits shadow reports on LGBT human rights concerns
in Japan to United Nations treaty bodies. Current directors are Hiroshi Mochizuki
and Azusa Yamashita.
Women’s Support Group (WSG) was established in 1999, and was the
first women’s organization that worked to protect and promote the rights of
lesbians, bisexual women and transgendered (LBT) persons in Sri Lanka. For
15 years, WSG operated a drop-in centre and resource /research center for
LBT people. Through women’s rights and human rights organizations, WSG
advocated for LBT rights inclusion in the national human rights agenda.
iii
GLIMPSES OF LBT RESILIENCE
JAPAN
An earthquake and tsunami devastated the Bringing people to Tokyo for a training,
island of Hokkaido in Northeast Japan. Azusa it’s unsafe… LBT people face more difficulties
Yamashita, the Japan research coordinator’s in their daily lives after the disasters, even
home is in Iwate Province near the epicenter more than before… I live in Iwate province.
of the earthquake. Although Azusa, her team Ninety-five percent of LBT are not out here be-
and their families were not physically injured cause of fear of discrimination and isolation
or made homeless by the disasters, they had to from the local community. So they hide their
turn their attention to emergency relief efforts. identities in their daily lives.
Azusa shared: “I had to evacuate. My flash When this disaster happened, people had to
drive was in my backpack in my office. [Given go live in shelters with strangers and experienced
how much focus we placed on data security discrimination. Living a double life in such a
and how difficult it would be to replace lost or situation made it even more difficult… LBT
damaged interviews it was a big worry that] I people are mostly invisible in Japan – in the
had to leave it there for one hour before I was workplace, in the family, in friendship circles.
able to retrieve it. Since March 11, there has Society doesn’t even believe LBT people exist
been limited transportation, especially the bul- … Five percent of the 150 women tsunami survivors
let train. All documentation has stopped. Things said they are lesbian. So they exist.”
are not back to normal. We have aftershocks
daily. More earthquakes are expected. And the (May 10 2011, November 28, 2012. IGLHRC notes
nuclear radiation… So people are not comfort- from Skype meeting with research coordinators.)
able traveling to [other] places right now.
IV VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
MALAYSIA
PAKISTAN
The governor of Punjab, Salman Taseer, was They feel numb and emotional.
shot twenty-six times by his personal bodyguard
for criticizing the Blasphemy Law in Pakistan. They did not realize how difficult it would
[Section 295 of the Penal Code severely penalizes be, especially listening to people’s pain on a
words, images and actions that are considered regular basis. The issue is, there is no trust-
by state and religious authorities to be insulting worthy and affordable third party psychiatrist
to Islam, Muslim beliefs, the Quran or prophet … The US embassy held its Pride in June [2011]
Muhammad.] and announced it on its website. Jamaat-e-Islami,
a right wing Islamist Party, said, ‘We will not
The killer claimed he acted in defense tolerate US harboring gays.’ There’s a red zone
of Islam – earning the support of thousands [at the embassy] which they [anti-American
of supporters. [Six months later] in June 2011, protesters, including Islamists] tried to violate
public outrage erupted when the US embassy and police beat them up. One week after
in Islamabad publicized an LGBT Pride event, Pride, the media picked it up [the story that
upsetting the researchers since it made them the embassy had organized a gay pride event
feel even more exposed and vulnerable. in Pakistan]. Till now, one and half weeks later,
people are still talking about homosexuals.
Military drone strikes by the US and anti- Our group will not speak out publicly because
American protests added to feelings of hyper- of fears and security concerns. The team is
vigilance. As the Pakistan team’s coordinators scared [but] also thoughtful.”
reported, “The political situation is so overt that
people feel threatened. There are demonstrations (January 11, 2011, February 1, 2011, July 19, 2011.
on the streets every day. There’s an air of insecu- IGLHRC notes from Skype meetings with research
rity so this is on everyone’s minds… people coordinators.)
are feeling the emotional impact of interviewing.
V
VI VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
This is the main finding from research coordinated
EXECUTIVE SUMMARY by the International Gay and Lesbian Human
Rights Commission (IGLHRC) and conducted
Lesbians, bisexual women and trans- over a two-year period by women’s rights,
sexuality rights and gender rights activists based
gender (LBT) individuals in Japan,
in Japan, Malaysia, Pakistan, Philippines and Sri
Malaysia, Pakistan, the Philippines and Lanka. Interviews were conducted in Japanese,
English, Malay, Tamil, Urdu, Tagalog, Cebuano,
Sri Lanka face violence and exclusion in
Ilocano and Sinhala. The researchers uncovered
every sphere of their lives. This violence high levels of family violence perpetrated
against LBT individuals as well as widespread
is fueled by laws that criminalize same-
discrimination in education, health and work
sex relations and gender non-conformity sectors.
and encouraged by governments who
LBT people faced this frequent violence and
tolerate, endorse, or directly sponsor the daily discrimination without any protection
from the state. While many found strength in
violent clamp-down on those who do
knowing that they had survived the violence
not follow prevailing norms on sexual they were subjected to, the quality of survival
was affected – even compromised – by the
orientation, gender identity and gender
ubiquity of discourses in the public sphere
expression. justifying abuse against lesbian and bisexual
women. In particular, public discourse sanctioned
abuse against gender non-conforming women
and men.
Executive Summary 1
While country contexts differed on the basis general gender inequality and the additional
of culture, religion, legal systems and inherited oppression of LBT individuals. Where women
colonial legacies, there were undergirding realities in general are expected to conform to stringent
that LBT people faced in the five Asian countries norms on sexuality, non-conforming LBT
in some or all of the following ways: people are violently punished.
• Homosexuality and gender non-conformity
were criminalized directly or indirectly LBT individuals were punished by their
through penal code provisions that specif-
families and communities for “betraying”
ically targeted lesbian, gay, bisexual and
transgender (LGBT) people or through their heritage, religion and culture.
laws concerning public order, vagrancy or
impersonation that were implemented
disproportionately to punish LGBT people. The five-country study confirmed the existence
of complex layers of intersecting discrimination
• Homosexuality (same-sex relations between
where violence against LBT individuals was not
women) and gender non-conformity were
only motivated by rejection of sexual orientation,
penalized and condemned under religious laws.
gender identity and gender expression but, in
• High-level government officials endorsed many instances, also other identity markers (e.g.,
intolerance and even actively participated race, ethnicity, class, economic status, religion). In
in promoting harmful messages that en- this way, LBT individuals were punished by their
couraged abuse or discrimination against families and communities for “betraying” their
LBT individuals. Government-controlled heritage, religion and culture. Those without
media and state-supported religious financial advantage to “get out of” violent situations
leaders perpetuated cultural messaging that or who were targeted for violence because they
preached intolerance against individuals were poor were even more vulnerable because of
with non-conforming sexual orientation, increased opportunities for violence.
gender identity and gender expression.
While findings of the studies may not be rep-
• LBT victims of violence were disadvan-
resentative of the experiences of all LBT people
taged even before they could seek redress
in Sri Lanka, Philippines, Pakistan, Malaysia
for violence – due to the risk of being
and Japan, they represent experiences that show
criminalized1 by the state, stigmatized by
patterns of violence that require serious attention
society, vilified by religious groups, and
and redress. At the same time, the focus of the re-
rejected by family when their identities or
search itself is important because violence against
explanations of the violence were revealed.
LBT people is under-reported in many Asian
• There was a close correlation between countries. As this research shows, one reason
for the under-reporting is precisely the “private
nature of the violence.” It occurs in the private
1 Worldwide, male homosexuality is prohibited and sphere (of family, home, intimate relationships)
punishable under anti-sodomy laws in 76 countries [http:// while being encouraged by the stigmatization –
old.ilga.org/Statehomophobia/ILGA_State_Sponsored_ and in some instances, demonization – of LBT
Homophobia_2013.pdf] and lesbianism is illegal in about people in the public sphere (by state institutions,
30 countries [http://ilga.org/]. Non-conforming gender
government leaders, media, employers, non-
behaviors are criminalized under wide-ranging laws,
frequently categorized as public order laws or morality
governmental organizations, police and people on
laws (i.e., vagrancy laws, anti-cross dressing laws and the streets).
impersonation laws). The risk of criminalization under state
law is compounded by the risk of being sanctioned under
state-endorsed religious law, such as provisions in Sharia or
Islamic law, which also carry heavy if not heavier penalties.
2 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
IGLHRC and the five groups that undertook the • The state must recognize that violence
research urge comprehensive recommendations and discrimination against LBT youth
to the executive and legislative branches of and adults hinders the achievement of the
government, state institutions and civil society Millennium Development Goals (MDGs)
groups. The following is a summary: on poverty eradication, gender equality,
universal healthcare and universal primary
• The state must take responsibility for
school education. As such, the state must
ensuring an environment that is supportive
integrate LBT concerns and needs into
of all women’s rights, not merely the rights
the MDGs and legal and policy reforms.
of some women.
This includes extending legal protections
• The state must exercise due diligence in against violence and discrimination,
preventing violence and promoting the decriminalizing adult consensual same-sex
safety and dignity of all marginalized and relations, decriminalizing gender non-con-
vulnerable populations. These include formity, and penalizing violence against
ethnic and religious minorities, people LBT people in the public and private
with disabilities, indigenous communities, spheres by State and non-State violators.
and sexual and non-conforming gender
minorities.
The state must not endorse and, in fact,
• The state must not endorse and, in fact,
must denounce the misuse of religious must denounce the misuse of religious
discourse to promote intolerance, stigma-
discourse to promote intolerance,
tization and violence against LBT people.
stigmatization and violence against LBT
• The state must comply with international
treaties2 it ratifies and honor international people.
agreements it makes, such as the Beijing
Platform for Action,3 in order to remove
obstacles from both the public and private • State actions must be accompanied by
spheres that prevent all women (female stronger community capacity for sustain-
bodied, gender variant, lesbian, bisexual) able and supportive interventions as part
and female-to-male transgender men from of civil society accountability to disadvan-
enjoying violence-free lives. taged communities. It should not be the
expectation that individual LBT victims
be self-reliant and resilient in order to deal
2 All five of the research countries have ratified the CEDAW
with violence on their own while waiting
Convention. However, it is only since 2010 that LBT groups
and women’s groups in Malaysia, Sri Lanka, Japan and for State action to reduce violence.
the Philippines have used the Convention to advocate
protections from violence. The impetus for this is most likely •
Recommendation 28 on the core obligations of states that
includes lesbians as a vulnerable group. The research countries
have also ratified the Convention On The Rights Of The Child.
In addition, Japan, Philippines and Sri Lanka have signed the
International Covenant on Civil and Political Rights. These
treaties explicitly name sexual orientation (and in some cases
gender identity) as a protected category.
Executive Summary 3
• “No personal opinion, no religious belief, no matter how deeply held or
widely shared, can ever justify depriving another human being of his or her
basic rights. And that is what we are discussing here: depriving certain
individuals of their human rights – taking away their right to life and
security of person, their rights to privacy, to freedom from arbitrary
detention, torture and discrimination, to freedom of expression, association
and peaceful assembly … we should recognize that underlying all of
this violence and discrimination is prejudice. We know from
experience that you don’t eliminate prejudice by changing the law
alone; you must change people’s hearts and minds as well.”
UN High Commissioner for Human Rights, Navi Pillay to the Panel on Ending Violence and Discrimination against Individuals on
the Basis of their Sexual Orientation and Gender Identity at the Human Rights Council 19th Session, Geneva, March 7, 2012
“Under the broad and ill-defined mantle of “culture” States may fail to
recognize the diverse voices within their own communities, or may
deliberately choose to suppress them. …Because of the stigma
attached to issues surrounding sexual orientation and gender
identity, violence against LGBT persons is frequently unreported,
undocumented and goes ultimately unpunished. Rarely does it
provoke public debate and outrage. This shameful silence is the
ultimate rejection of the fundamental principle of universality of
rights. Impunity for crimes of violence against LGBT persons
suggests that, in many societies, they are seen as less deserving of
the protection of the law. In the final analysis, their lives are seen to be
worth less, along with the lives of others whom society unjustly rejects because of their faults or
flaws, real or imagined. In the face of that reality, the responsibility of the State to extend effective
protection is, if anything, heightened.”
Louise Arbour (of the Office of the United Nations High Commissioner for Human Rights) Presentation to the
International Conference on LGBT Human Rights, Montreal, July 26, 2006
4 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
CROSS-COUNTRY
ANALYSIS
VIOLENCE
Against Lesbians, Bisexual Women
and Transgender People in Asia:
A Five Country Study
INTRODUCTION.................................................................................................................................................. 11
VIOLENCE DEFINITIONS...................................................................................................................................15
SUMMARY OF CROSS-COUNTRY FINDINGS.............................................................................................. 17
CONCEPTUAL BACKGROUND......................................................................................................................... 18
Using the Rights Lens.................................................................................................................................. 18
Sexual Rights and Rights to Bodily Autonomy are Human Rights.................................................... 19
Challenging Privatization of Violence.......................................................................................................20
When Discrimination is Violence..............................................................................................................21
Politics of Naming Violence........................................................................................................................22
Violence against “Women”Is a Contentious Topic................................................................................24
Ideological Roots of Violence.....................................................................................................................25
ANALYSIS OF REGIONAL FINDINGS ............................................................................................................27
Some Explanations for Centrality of Family Violence ..........................................................................30
Suicide.............................................................................................................................................................32
Examples of Violence Associated with LBT Visibility.............................................................................36
CONCLUSIONS....................................................................................................................................................42
State Programs on Gender-Motivated Violence Overlook LBT People............................................42
Closeting of Violence ..................................................................................................................................42
Lack of Accountability..................................................................................................................................43
Lack of Access to Redress...........................................................................................................................43
Survivors at Great Cost................................................................................................................................44
RECOMMENDATIONS........................................................................................................................................45
APPENDIX A: RESEARCH METHODOLOGY..................................................................................................51
APPENDIX B: SUMMARY OF COUNTRY CONTEXTS..................................................................................54
APPENDIX C: CURRENT LAWS THAT RELATE TO LBT PEOPLE IN 5 ASIAN COUNTRIES ...............58
10 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Lesbians, bisexual women and transgender
(LBT) individuals who shared their stories about
violence as well as those who did the interviewing
and reporting took a big step forward with this
project. They have now made available evidence-
based information, which was previously scant
to virtually non-existent, using human rights
documentation techniques.
Cross-Country Analysis 11
in the consultations was the under-reporting This research project sets out to examine these
of violence, particularly against lesbians, and country conditions. See Appendix B for examples
more broadly, violence against lesbians, bisexual of country conditions affecting women’s rights
women and transgender people. The activists and LBT rights.
highlighted four possible explanations for this
underreporting: The research is advocacy-driven in that a key
objective of the research is to carry out evi-
1. Where the law prohibits discrimination
dence-based advocacy at the national, regional
against marginalized and vulnerable pop-
and international levels. The research objective
ulations, these laws usually do not extend
informed the formulation of research questions.3
protections to LBT people. For instance,
See Appendix A for methodology.
laws meant to protect women from
domestic violence and sexual violence are
often not applicable to LBT people who
are similarly victimized. This is the case
even when the law recognizes de facto
(i.e., non-married) couples.
2. In cases where the law may be applicable
to LBT people, victims fear reporting
violence because their experience with 3 The following are collectively identified research goals for
police and law-enforcement tells them such this project: document the nature, extent and impact of
reporting invites mistreatment – in the violence against LBT people; identify LBT people’s strategies
to survive (e.g., coping, resisting, avoiding) violence
form of humiliation, rejection, discrimina-
and highlight successful strategies; document patterns
tion, or possibly even criminalization for and modes of violence in varied contexts (e.g., family,
being lesbian or transgender. community, legislative, workplace, educational institution,
police); identify resources and institutions that can be
3. The social stigma that continues to be accessed for support; identify context-specific strategies
associated with non-conforming sexual for long-term and ongoing monitoring and responses to
orientation, gender identity and gender violence against LBT people; foreground the intersectionality
expression also means that many organi- of issues facing LBT people; and disseminate research
zations whose mandates focus on human findings. The following are advocacy goals that informed the
research: push for legislative change; strengthen solidarity
rights, workers’ rights, and women’s
networks with potential allies; engage the women’s
rights, as well as other more mainstream movements to push for legal and attitudinal reform;
issues, distance themselves from LBT advocate with the health and human rights movements
issues and rights. to integrate LBT issues in their agendas; conduct targeted
education and sensitization campaigns for/with existing
4. The relentless pressure of compulsory het- and potential allies (e.g., messaging to end hostility against
erosexuality along with gender-based dis- and guarantee access of LBT people to justice at the family,
crimination and violence creates a vicious community, national and international levels); encourage
cycle of victim isolation, self-blame for the allies to expand and identify LBT-friendly services based
violence, absence of redress, internalized on the principles of non-discrimination and equality;
improve resources and support mechanisms for victims and
homophobia or transphobia, and perpetra-
survivors of violence based on sexual orientation, gender
tor impunity. identity and gender expression; build the LBT community
by specifically identifying and conducting outreach to
LBT individuals and activists; educate LBT people about
with IGLHRC based on their willingness to prioritize violence their rights with regard to the law, community resources
against LBT people, undertake and deliver research and and survival strategies; write shadow reports to statutory
documentation, be trained in human rights documentation, bodies and for Universal Periodic Reviews; provide training,
use their research findings for local advocacy, partner with an counseling and legal assistance so that LBT people become
international LGBT rights organization, and work as part of a stronger human rights defenders and activists; and explore
regional collective. opportunities for a regional cross-country initiative.
12 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
the project would imply that they themselves were
NAVIGATING UNFRIENDLY defying societal expectations regarding women’s
ENVIRONMENTS sexuality and gender norms.
The activists involved in this research are not only
human rights documenters but also human rights Outreach to find people to interview was
defenders.4 They gathered testimonies of violence always a negotiation between breaking the
even as they lived through violence themselves, silence about violence and identity and
including: direct experiences of condemnation, preserving silence about the research focus.
often with reference to religion; vilification by the
media; societal prejudice; LGBT scapegoating by
politicians; and hostile public commentary such
This affected the make-up of the team.5 In Sri
as hate speech by government leaders. Simply par-
Lanka, some stakeholders (a lawyer and a district
ticipating in the research placed the country teams
medical officer) were aggressively homophobic
at risk for violence for two reasons: firstly, the
towards interviewers, and they raised questions
research made their activism visible; and secondly,
imputing that a hidden agenda of the researchers
the research topic was itself seen as taboo, thus
was to destabilize Sri Lankan culture. These stake-
increasing the potential for negative intervention.
holders could potentially have jeopardized the
This harsh reality shaped documentation efforts
future of the project. In Malaysia, researchers had
along the way. For instance, in Pakistan, the
to navigate between protecting people’s identities
research coordinators reported that it was danger-
and ensuring transparency about the project in
ous to ask lesbians and bisexual women to join
order to build credibility. In these three countries
the research team because being associated with
in particular, outreach to find people to interview
was always a negotiation between breaking the
silence about violence and identity and preserving
4 Many members of the research teams engaged in grassroots silence about the research focus. Security risks
activism in their countries and at the regional level such also affected access to and availability of LGBT-
as demanding clean and fair national elections [Bersih friendly, reliable and trustworthy translators and
2.0 People’s Tribunal, http://www.bersih.org/]; fighting
transcribers, who required careful vetting – lim-
State censorship [“Seksualiti Merdeka Says Ban on Festival
Unconstitutional, Illegal,” The Malaysian Insider, January 10, iting possibilities for outsourcing translation and
2012, http://www.themalaysianinsider.com/malaysia/article/ transcription.
seksualiti-merdeka-says-ban-on-festival-unconstitutional-
illegal]; contending with religious homophobia and In sum, researchers had to walk the line between
transphobia [“LGBT A Jewish Agenda, Says Perkasa,” fz.com, preserving silences and breaking silences, between
October 18, 2012, http://www.fz.com/content/lgbt-jewish-
protecting people’s identities and being open
agenda-says-perkasa], “Transgender Women’s Constitutional
Challenge To Sharia Law Fails In Malaysia,” IGLHRC, about the project, in order to build credibility and
October 15, 2012, http://iglhrc.wordpress.com/2012/10/15/ draw more participants willing to be interviewed.
transgender-womens-constitutional-challenge-to-sharia-law- Researchers had to balance guarding the informa-
fails-in-malaysia/]; organizing post-disaster relief for LGBT tion being collected and sharing it with people to
people [“Beyond Invisibility: Great East Japan Disaster And whom translation or transcription was outsourced.
LGBT In Northeast Japan,” FOCUS September 2012 Vol. 69,
All of this was accomplished in political and social
http://www.hurights.or.jp/archives/focus/section2/2012/09/
beyond-invisibility-great-east-japan-disaster-and-lgbt-in- conditions that at times were hostile and required
northeast-japan.html]; and mobilizing civil society opposition teams to thoughtfully navigate safety concerns.
to the exclusion of sexual orientation and gender identity in These concerns about safety manifested differently
the first ever human rights instrument in Asia, the ASEAN depending on ethnicity, class, religion, age and
Human Rights Declaration [“Demand Inclusion of LGBT economic circumstances of LBT interviewees.
Rights in the ASEAN Human Rights Declaration!!” Care2
Petition Site, November 6, 2012, http://www.thepetitionsite.
com/338/261/722/demand-inclusion-of-lgbt-right-in-the-
asean-human-rights-declaration/]. 5 Much of O, Pakistan’s documentation was carried out by gay men.
Cross-Country Analysis 13
While researchers wrote up their respective coun- These examples reiterate the additional challenges
try reports, security risks continued to challenge of undertaking advocacy-driven research. Our
the project. One research team withdrew a quote activist research partners had to be cognizant of
by a religious leader from their report because he their end goals, watching shifts in the political
contradicted the misconception that homosex- landscape towards human rights, LGBT rights,
uality was prohibited in his religion. They were and women’s rights. This was necessary in order
concerned that disseminating the report with to pre-empt pushback that would divert attention
the quote left intact might spark a backlash by away from the research findings they wanted to
religious extremists in their country who have highlight and instead make the LBT research
mobilized a nationalist movement.6 Another participants or researchers the focus of criminal
research team, fearing backlash, false accusations investigation.
of blasphemy, and risk of vigilante violence – ra-
tionalized by a Penal Code provision that im-
poses long prison terms and fines for blasphemy7 INCLUSION OF
– decided not to produce a country report or
disseminate the findings of their research inside
TRANSGENDER MEN
the country. One researcher explained the team’s Including transmen in this research prompted an
trepidation, saying, “ … it will be risky for us to unexpected and lengthy debate driven by some of
make any public statements.” A third research the researchers’ uncertainty about whether or not
team re-strategized dissemination of the research transmen would be offended if they were asked to
after government leaders and other leading politi- participate in a project about non-heteronorma-
cians publicly called gay people “deviant aspects” tive women. On the one hand, the Philippines
of society, urged parents to monitor “gay symp- team was concerned that including transmen in
toms,” and advocated forced institutionalization a project that was focused on women could and
of gay people.8 would be read by transmen in the Philippines
as an imposition of the term “woman” on them.
The team also felt strongly that the research
6 “Fears Mount Over Sri Lanka Anti-Muslim Campaign,” AP should focus on lesbians, bisexual women and
News, April 7, 2013, http://asiancorrespondent.com/104533/
transwomen. On the other hand, IGLHRC and
sri-lanka-anti-muslim-campaign-threatens-tensions/.
other country teams did not want the research to
7 Section 295 of the Pakistan Penal Code imposes a minimum reinforce the general invisibility of transmen in
ten years to life in prison and/or fines for words, images and
LGBT spaces or add to the silence about issues
actions that are considered by State and religious authorities
to be insulting to Islam, Muslim beliefs, the Quran, or prophet faced by transmen in Asia. In all five research
Muhammad. See Aakar Patel, “Pakistan’s blasphemy law,” countries, transmen are the most invisible of
The Express Tribune, August 26, 2012, http://tribune.com. LGBT groups and communities.
pk/story/426498/pakistans-blasphemy-law/]. Pakistan also
has Section 377 of the Penal Code, which criminalizes non- With respect to this debate, we came to the
procreative sex and targets sexual non-conformity. The law
following resolutions:
states: whoever voluntarily has carnal intercourse against the
order of nature with any man, woman or animal, shall be • Focus the research on: women with non-con-
punished with imprisonment for life, or with imprisonment of
forming sexual orientation; people assigned
either description for a term which shall not be less than two
years nor more than ten years, and shall also be liable to fine.
Penetration is sufficient to constitute the carnal intercourse
Deputy Prime Minister Says LGBT People Need Counseling,”
necessary to the offense described in this section. Section
Gay Star News, April 5, 2012, http://www.gaystarnews.com/
294, which criminalizes obscene acts was also a concern to an
node/1847; Anna Leach, “LGBTs Are Deviant Aspects of
already anxious research team.
Malaysia Says Prime Minister,” Gay Star News, June 27, 2012,
8 Anna Leach, “16,000 Parents and Teachers Told to Curb LGBT http://www.gaystarnews.com/article/lgbts-are-‘deviant-aspects’-
Behavior in Malaysia,” Gay Star News, February 4, 2013, http:// malaysia-says-prime-minister270612; Anna Leach, “Politician
www.gaystarnews.com/article/16000-parents-and-teachers-told- Calls For Gay Rehab Center in Malaysia,” Gay Star News,
curb-lgbt-behavior-malaysia040213; Anna Leach, “Malaysian March 22, 2012, http://www.gaystarnews.com/node/1613.
14 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
female identity who now identify as men; privacy, monitoring communication); silent
and people assigned male identity who now hostility (e.g., non-verbal behaviors that
identify as women.9 express contempt, denial, rejection of sexual
orientation, gender identity, gender expres-
• Transgender people across the spectrum
sion); neglect (e.g., withholding financial
were eligible for this research.
support, denying human contact, denying
• The only people who would not be included medical treatment or medication).
in the study were cisgender heterosexual
• Sexual violence examples include: threats to
men, cisgender gay and bisexual men, and
rape; derogatory sexual name calling; forcibly
cisgender heterosexual women.
showing sexual images; unwanted sexual
language; unwanted sexual touching; forced
sex; “corrective” rape; forced participation in
VIOLENCE DEFINITIONS the filming of sexual activity; filming sexual
activity without consent; and recording
The research looks at the continuum of violence. sexual assault.
LBT interviewees were asked about three forms of
Acts of omission and commission were included
violence:10 physical, emotional and sexual violence.
because they were experienced as violent practices
• Physical violence examples include: battery by LBT individuals living under the country
(e.g., beating, hair-pulling, throttling, kicking, conditions where the research was undertaken.
pushing, burning, head-butting, tying up,
• Acts of omission consist of failing to help
etc.); physical confinement; imprisonment;
someone in need. For example, employers
depriving of basic necessities (such as food,
who either fail to intervene when an LBT
shelter, clothing); forcible electro-shock
employee is sexually harassed or fail to
therapy; assault; or other forms of bodily
prevent future sexual harassment are responsi-
injury.
ble for acts of omission in both cases.
• Emotional violence is a term interchange-
• Acts of commission or repression consist
ably used with mental and psychological
of directly depriving people of their human
abuse. Some victim-survivors of this kind
rights. For example, employers who demand
of violence might call it a violation of their
sexual favors when they discover someone’s
spirit or dignity. The types of actions or be-
sexual orientation or gender identity, or
haviors that constitute emotional violence in
neighbors who threaten to rape a lesbian
this research are: verbal abuse (e.g., insults,
couple living next to them, are responsible
taunts, swearing, denigration, allegations of
for acts of commission.
abnormality); threats (e.g., to harm self or
others, abandon, evict, imprison, disclose LBT people were asked about experiences of
sexual orientation to others, etc.); control- violence in the public sphere and violence in
ling actions (e.g., restricting socializing the private sphere.
with family, friend, or neighbors, invading
• Violence in the public sphere is perpe-
trated by State and non-State actors. This
type of violence includes: violence by State
9 The regional report refers to the research as violence against institutions such as police or immigration
lesbians, bisexual women and transgender people in Asia or
authorities; violence facilitated by State
LBT people.
policies, such as endorsement of harmful
10 H
omicide on grounds of sexual orientation, gender identity religious or cultural practices; and violence
or gender expression is considered violence, but we exclude
that occurs in areas controlled almost
it from the research since it is not within the scope of the
study. However, suicide or attempted suicide is not considered exclusively by the State (e.g., social wel-
violence in this research but an impact of violence. fare departments, religious departments,
Cross-Country Analysis 15
educational institutions, passport control ing and being complicit with the violence
centers, police precincts, courts, etc.). Public committed by non-State actors and private
violence also covers violence on the streets, individuals – by not condemning or punishing
neighborhoods, ethnic and religious com- violence – constitutes a violation of human
munities, public gatherings, places of work, rights. While the human rights framework
school, restaurants, stores, public transporta- does not categorize the State’s failure to
tion and entertainment establishments. prevent violence and its complicity with
violence as violence per se, it does stipulate
• Violence in the private sphere refers to
a State obligation to prevent and punish the
violence in the private realm, household,
violence. Also, feminists argue that under
family, intimate relationships or so-called
patriarchy the state wields tremendous
“domestic” sphere. It also covers violence
power; complicity in the violence, either
by community members. Violence in the
by excusing it or remaining silent when
private sphere is sometimes problematically
aware of it, gives permission for violence to
thought of as “private violence,” wrongly
continue unchecked. They assert that for
implying that victim-survivors are not en-
people who already lack access to redress
titled to state protections or redress for this
mechanism, the State’s failure is experienced
category of human rights violations.
as violent action. Indeed, the respondents as
Violence by private individuals and non-State well as researchers in this project experience
actors contributed significantly to the hostile this as a lived reality.
environment in which the majority of the LBT
• Institutional violators are representatives
people involved in the study live.
of State institutions (e.g., medical or mental
health professionals working for government
The research covers three categories of violators/
hospitals and psychiatric facilities, journal-
perpetrators: State, individual and institutional.
ists working in government-controlled me-
• State violators include the police, immigra- dia, teachers in public or state schools) and
tion authorities, officers of State-established non-State social institutions (e.g., religious
religious departments and legislators. The leaders) who carry out harmful actions that
violence perpetrated by State actors in- cause harm to LBT people.11 Examples of
cludes: deliberately using the State apparatus institutional violence that LBT individuals
to commit acts of violence; passing laws that were asked about for this research included
discriminate and lead to violence; and facil- forced mental health treatment because
itating impunity of violators (e.g., by police of same-sex or gender non-conforming
and immigration authorities). State policy, behaviors that were considered by medi-
action and inaction set the tone for public cal and mental health professionals to be
attitudes and treatment towards LBT peo- “abnormal,” or religious condemnation and
ple. For example, national legislation, local penalties because of lesbianism or non-con-
ordinances, ministerial directives, political forming gender expression.
speeches, and government endorsement of
• Individual violators include neighbors,
positions through State-controlled media or
by religious leaders all influence public reac-
tions towards LBT people. Indirect actions
11 In Malaysia, there are State and non-State religious institutions.
of the State also constitute a violation of
The government-established Islamic religious departments
human rights obligations, such as its failure are State institutions that employ religious officers to monitor
to protect and prevent violence against LBT syariah law compliance and arrest non-complying Muslims
individuals or to create an environment (such as gender non-conforming individuals who are Muslims).
conducive to ensuring the human rights of Non-State religious institutions would include Muslim mosques,
LBT people. For instance, the State condon- Christian churches, Buddhist and Hindu temples or religious
organizations.
16 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
passersby in public spaces, family members, 2. Emotional violence was the most commonly
intimate partners, religious vigilantes, or reported form of violence for LBT peo-
co-workers. Violence by individuals covers ple in Asia, both in public and private
harmful acts against LBT people such as spheres, regardless of who the perpetrator
sexual taunting, verbal hostility, blackmail, was. Emotional violence reported in this
extortion, harassment, threats, physical study often continued for many years with
violence and property damage. long-term consequences for an individual’s
emotional and physical well-being.
LBT interviewees were asked about two dimen- 3. The family was the primary perpetrator
sions of violence: the interpersonal dimension, of violence according to LBT people in
where a person or small group commits harmful Asia. Family members carried out emo-
actions (e.g., when family members force LBT tional, verbal, physical and sexual violence
people to go to a psychiatrist to “cure” them, or against LBT people. This violence occurred
when family members use physical violence and regularly and had greater and longer lasting
threats to “dissuade” transgender women from impact than violence perpetrated by non-
wearing make-up or growing long hair); and family members.
the collective dimension, where a mob or gang
4. LBT people in Asia reported an unexpect-
of attackers target LBT individuals.
edly high occurrence of intimate partner
violence, including physical and sexual
Regardless of whether the violence occurs in
violence. Perpetrators of partner violence
public or private spheres, by State or non-State
were same-sex partners, dating partners,
actors, representatives of the State and institutions
and heterosexual and cisgender partners of
of the State have a human rights obligation to
transgender individuals. There were also
refrain from perpetrating or condoning violence,
reports of spousal violence by heterosexual
and to exercise due diligence to prevent and
husbands of lesbians in forced marriages.
punish the specific violence perpetrated against
LBT people. 5. Sexual violence against LBT people in
Asia was overwhelmingly perpetrated by
individuals who knew their victims. Most
SUMMARY OF perpetrators tended to be male (i.e., het-
erosexual, cisgender).
CROSS-COUNTRY 6. Greater visibility of non-conforming sexual
orientation, gender identity and gender
FINDINGS expression resulted in a greater frequency of
violence against LBT people in Asia. This
Several regional trends emerged from this research
association was especially noticeable in
on violence against LBT people in Asia:
countries where religion was used to justify
and intensify intolerance.
1. Laws prohibiting violence against women in
Asia were directly or indirectly discriminatory 7. State institutions, including medical,
and did not extend adequate protections – mental health and State-funded women’s
or in some cases any protections – to LBT shelter networks in Asia, were insensitive
people. In many respects, it was reported and not trained to assist LBT victims
that the State not only failed to prevent of violence. In general, service providing
but also condoned violence against female- agencies responded poorly to LBT individuals
bodied and transgender people. who face violence.
Cross-Country Analysis 17
at all – the State is essentially condoning the
CONCEPTUAL violence. The research is also predicated on the
understanding that States are accountable to
BACKGROUND standards under international human rights
law. International human rights law stipulates
the following:
Using the Rights Lens 1. The State is responsible for ensuring an
environment that is supportive of all and not
When the State fails to hold the perpetrators
only some women’s rights.
accountable, impunity not only intensifies
the subordination and powerlessness of the 2. The State must exercise due diligence in
targets of violence, but also sends a message to preventing violence and promoting the safety
society that male violence against women is and dignity of all marginalized and vulnerable
both acceptable and inevitable. As a result, populations – ethnic minorities, people with
patterns of violent behavior are normalized. disabilities, indigenous communities, religious
minorities, including sexual minorities and
– Kofi Annan, United Nations Secretary non-conforming gender minorities.
General12
3. The State must comply with international
treaties that it ratifies, such as the Convention
While civil society solidarity between LBT groups
on the Elimination of All Forms of Dis-
and non-LBT groups strengthens overall women’s
crimination Against Women (CEDAW), the
rights and human rights advocacy – and can
International Covenant on Civil and Political
embolden LBT activism and increase allies – it
Rights (ICCPR), the Convention on the
is up to the State as the primary duty-bearer13 to
Rights of the Child (CRC), and international
enact good laws (e.g., anti-rape laws, anti sexual
agreements it makes (e.g., the Beijing
harassment laws, anti-discrimination laws) and
Platform for Action)14 in order to remove
amend or remove bad laws (e.g., sodomy laws,
obstacles from both the public and private
morality laws). The State must send a message
spheres that prevent all women (female
that violence on the basis of sexual orientation,
bodied, gender variant, lesbian, bisexual)
gender identity and gender expression will not
and female-to-male transgender men from
be tolerated and is both criminal and punishable
enjoying violence-free lives.
under State law.
This research starts from the assumption that as Non-State violence is a significant problem for
the primary duty-bearer for remedying human LBT people, and the State’s reluctance to intervene
rights violations, the State has a responsibility in non-State violence can be read as privatization
to combat all violence that is directed at LBT of violence, where violence against LBT people by
persons. If there is an inadequate State response non-State actors and private individuals is treated
to non-State violence – or no intervention as understandable, normal, justifiable, even
inevitable,15 and this “inevitability” is a justification
18 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
for the State sidestepping its due diligence to LBT definitions of human rights,17 not only for civil
people. Due diligence refers to responsibilities society advocacy and education purposes but also
of the State to prevent, investigate and punish to hold the State accountable to carrying out due
violence by responding to all acts of violence with diligence in the treaty agreements it has signed.
measures that include: public education about
violence, civil remedies for violence, providing
assistance like emergency shelter and counsel-
ing services, gender sensitive training for police
Sexual Rights and Rights to Bodily
and judges, as well as documenting and publicly Autonomy are Human Rights
disseminating reports on violence.16 In effect,
due diligence to stop violence against women and Given the complicated silences behind the
against marginalized and vulnerable populations cross-cutting violence that LBT people experience,
is required to advance women’s equality, and to and the multiple stakeholders responsible for the
promote and protect the rights of marginalized violence – and impunity shrouding the violence –
populations including LBT people. IGLHRC recognized the need to adopt a research
methodology upholding sexual rights and rights
to bodily autonomy as human rights.
Violence against LBT people by non-State
actors and private individuals is treated Taking this approach addressed the specific needs
as understandable, normal, justifiable, of the project:
even inevitable, and this “inevitability” is a
justification for the State sidestepping its due 1. The traditional human rights framework
diligence to LBT people. tends to focus on violence by State perpetrators
and does not give equal weight to non-State
perpetrators, such as family and private
In many Asian countries, human rights are individuals. This research does.
legitimized and delegitimized in accordance
2. The traditional human rights framework
with the State’s acceptance or rejection of certain
centers on violation and victimization (i.e.,
rights (e.g. sexual rights, rights related to bodily
the voices of people who have been violated
autonomy) and certain segments of society (e.g.
and not their experiences of coping and
LGBT people). Often, there is a corresponding
survival). This research looks at victimization
recognition or neglect of particular rights and
and resiliency.
segments of the vulnerable population by main-
stream human rights movements in that country. 3. The traditional human rights framework
The groups undertaking this research project were prioritizes State culpability. This research
aware of the tendency of many States to favor does not limit culpability to the State but
the “traditional” approach to human rights that also looks at the roles and responsibilities
hierarchizes and compartmentalizes human rights, of multiple stakeholders, including the role
women’s rights, and reproductive rights while of the non-State sector in stopping violence
rejecting sexual rights. They also understood the on the basis of sexual orientation, gender
importance of relying on internationally recognized identity and gender expression.
4. In line with the current status and scope of
human rights analysis on subjective suffering
and non-physical forms of ill-treatment, this
www.unmultimedia.org/radio/english/2013/03/violence-against-
women-is-not-inevitable-ban-ki-moon/.
16 See for example: United Nations, Declaration on the
Elimination of Violence against Women, A/RES/48/104 17 S ee “Sexual Rights: an IPPF declaration,” International Planned
(December 20, 1993), available from. http://www.un.org/ Parenthood Federation, 2008, http://www.ippfwhr.org/sites/
documents/ga/res/48/a48r104.htm. default/files/files/SexualRightsIPPFdeclaration.pdf.
Cross-Country Analysis 19
research looks at the continuum of violence non-State violence directed at individuals with
including non-physical yet equally harmful non-conforming sexual orientation, gender iden-
types of violence experienced by LBT people. tity and gender expression.
5. While the human rights framework is clear
Sexuality and gender non-conformity are frequently
that all human rights are interdependent,
wedge issues20 in many women’s movements
indivisible, and universal, much human rights
around the world, where sexual rights and bodily
documentation does not adequately integrate
autonomy tend to be subsumed under a heter-
an intersectional analysis.18 This research
onormative agenda that narrowly focuses on
examines the intersectionality of discrimina-
reproductive rights and maternal health. The rights
tion and violence that LBT people experi-
to sexual autonomy and bodily integrity are often
enced, where different prohibited grounds for
sidelined, for example: when women’s groups push
violence and discrimination (e.g., ethnicity,
for gender mainstreaming but are silent on lesbian
sex, religion) multiplied the vulnerabilities for
and bisexual women’s issues; or when advocates
violence, created specific types of violence,
for marginalized and vulnerable populations are
altered the settings for violence, and exacer-
reluctant to mention sexual orientation and gender
bated the egregiousness of violence on the
identity even when they are discussing sexuality.
basis of sexual orientation, gender identity
These lapses often come in response to religious
and gender expression.
conservatives vilifying women’s sexual rights
defenders and accusing these advocates of promot-
ing promiscuity and deviant sexual behaviors.
Challenging Privatization of Violence Consequently, the rights of lesbians, bisexual
women – and disproportionately those of trans-
In the five countries where the research was
gender individuals – are bypassed by mainstream
carried out, governments relied on the family to
(heterosexual and cisgender/gender conforming)
regulate morals through compliance with the law
women’s non-governmental organizations (NGOs).
while religious institutions expected the family
For some it is a question of ignorance; they simply
to enforce heteronormative concepts of family
do not know (and choose not to learn) about the
structure, marriage, women’s role in society,
human rights issues that affect women and trans
motherhood, fatherhood, femininity, masculinity
persons of diverse sexualities and gender expressions.
and sexuality.19 Non-compliance with such laws
For others, there is a conscious decision to avoid
and norms had serious consequences, including
coming under religious attack and/or avoid being
threatened with defunding and government surveil-
lance and harassment. Worse, many mainstream
18 Feminists and advocates of sexual rights (within the broader organizations focusing on women’s rights, women’s
human rights framework) stress that civil, political, economic, health, and human rights in general, will distance
social and cultural rights are all interdependent and indivisible. themselves publicly from LBT groups. The effect of
For instance, denying rights on grounds of sexual orientation
this distancing is the exclusion of violence against
and gender identity takes away people’s ability to enjoy the
other rights recognized by the State. LBT persons from national and international
human rights monitoring and reporting, affecting
19 Heteronormativity “valorizes heterosexuality but particularly
not only their in-country advocacy but also the ac-
a gender-conforming understanding of heterosexuality,
which allocates more power to male leadership in public and curacy of their reporting to UN treaty-monitoring
private life, rewarding females primarily for reproduction and bodies such as the Committee on the Elimination
submission”…teaching women and girls from an early age that of Discrimination Against Women.21
women must marry men, fulfill their husbands’ sexual needs,
bear children, be responsible for house work and childcare,
and “express a particular model of femininity.” See “Equal and
20 Cynthia Rothschild, “Written Out: How Sexuality Is Used To
Indivisible: Crafting Inclusive Shadow Reports for CEDAW,”
Attack Women’s Organizing,” IGLHRC, 2005.
IGLHRC, 2009, http://www.iglhrc.org/content/equal-and-
indivisible-crafting-inclusive-shadow-reports-cedaw. 21 Anti-gay Christian fundamentalists hijack Singapore women’s
20 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
This research therefore takes into consideration of women, including women deprived of
the close correlation between general gender their liberty, refugees, asylum-seeking and
inequality and the additional oppression of LBT migrant women, stateless women, lesbian
individuals. The rights of LBT people are usually women, disabled women, women victims of
more repressed and even more seriously violated trafficking, widows and elderly women are
in country contexts where heterosexual women particularly vulnerable to discrimination
and cisgender women (self-identified gender through civil and penal laws, regulations,
conforms to their biological sex assigned at birth) and customary laws and practices.
suffer routine human rights violations.
– CEDAW General Recommendation 28
on the core obligation of States.22
When Discrimination is Violence Not all discrimination can be labeled violence
although discriminatory laws and policies often
The obligation to protect requires that State
motivate violent practices. For instance, discrim-
parties protect women from discrimination
ination can lead to physical and verbal violence,
by private actors and take steps directly
and may be used to rationalize violence. Con-
aimed at eliminating customary and all
versely, violence motivated by deviation from gen-
other practices that perpetuate the notion
dered norms is, in itself, a form of discrimination.
of inferiority or superiority of either of the
sexes, and of stereotyped roles for men and
In keeping with international human rights law,
women…. State parties have an obligation
the research recognizes that freedom from violence
not to cause discrimination against women
depends on the promotion and protection of
through acts or omissions; they are further
other rights (right to freedom of expression, right
required to react actively against discrimi-
to health, right to employment, right to adequate
nation against women, regardless of whether
housing, right to form a family, right to equal pro-
such acts or omissions are perpetrated by the
tection of the law – see the Yogyakarta Principles).23
State or by private actors…. State parties
The research also acknowledges that violence against
have an obligation to take steps to modify or
LBT individuals is not only motivated by rejection
abolish existing laws, regulations, customs
of sexual orientation, gender identity and gender
and practices, which constitute discrim-
expression, but in some instances rejection of other
ination against women. Certain groups
identity markers (e.g., race, ethnicity, class, economic
status, religion), which increases the chances that
LBT people will face violence.
group,” Fridae, April 10, 2009, http://www.fridae.asia/
newsfeatures/2009/04/10/2257.anti-gay-christian-fundamentalists-
hijack-singapore-womens-group. In Singapore, a conservative In our research, we distinguish between discrimina-
Christian women’s group ousted the leadership of AWARE, the tion that has violent expression, violence that is mo-
country’s largest women’s organization following the screening of tivated by stigma and discrimination, and violence
a Taiwanese film featuring lesbians. The women’s organization had that is not motivated by discrimination. We look
previously refused repeated requests by its lesbian membership to at discrimination and disempowerment of LBT
include lesbian issues into its shadow reports to CEDAW. After the
people and how this marginalization is experienced
religious backlash, AWARE fought back and regained its leadership
but became even more resistant to being “associated” with lesbian as violence, recognizing the relationship between
issues. In Indonesia, several LBT supportive women’s organizations,
including the National Women’s Commission of Indonesia
refused to include LBT issues in their written and verbal reports
22 United Nations, CEDAW/C/GC/28 (December 16, 2010),
to CEDAW for fear that Muslim conservatives would accuse them
available from http://daccess-dds-ny.un.org/doc/UNDOC/GEN/
of advocating same sex marriage. See Grace Poore, “Indonesian
G10/472/60/PDF/G1047260.pdf?OpenElement.
Women Exposed to Backlash,” WomensENews, August 21, 2012,
http://www.iglhrc.org/press-room/iglhrc-news/indonesian-lbt- 23 “ The Yogyakarta Principles,” Yogyakartaprinciples.org, March
women-exposed-backlash. 2007, http://www.yogyakartaprinciples.org/principles_en.htm.
Cross-Country Analysis 21
discrimination and violence. The following criteria as noted by Sri Lankan feminist thinker, Jayanthi
served as guidelines for the researchers in identify- Kuru-Utumpala, who says that categorizing the
ing when to include instances of discrimination in term “lesbian” as a Western identity “allows the
this research on violence: government and non-governmental institutions
to dismiss the need for protective legislation for
• Discriminatory country conditions that
[LGBT] people on the basis that such sexual
cause physical or psychological harm, or
behavior is a bad influence from the West.” This
increase the severity or frequency of physical
justification for inaction becomes another way of
violence (e.g., vigilante attacks).
invisibilizing women’s non-conforming sexual ori-
• Discrimination that justifies and contributes entation, gender identity or gender expression.25
to particular types of violence on the basis of
non-conforming sexual orientation, gender
identity and gender expression (e.g., rape to LBT people struggled with naming family
“correct” or “convert” lesbians). violence as violence and family members as
perpetrators.
• Discriminatory State actions that encourage
certain types of violators, such as religious
officers, or perpetrator impunity, such as in The report includes the violence that LBT people
mob attack or gang rape. experienced even if individuals did not name the
experience as violence. In many cases, individuals
• Discriminatory country conditions that
internalized a narrow understanding of violence
become the justification for the State’s in-
(e.g., that non-physical violence is not violence),
action when violence occurs, and/or when
were reluctant to name violent actions by family
it results in institutional mistreatment of
as violence, or perceived the violence they suffered
LBT victims of violence.
as justified because they accepted the reasons
given by the perpetrator. We also include violence
that LBT individuals did not attribute to sexual
Politics of Naming Violence orientation, gender identity and gender expression,
for example, when an interviewee said, “I wasn’t
Terms such as homophobia and transphobia as
out so the violence could not have been due to
motivators for violence were avoided as they are
my relationship with other girls.” When analyzing
imprecise. The research questions and interviewers
these experiences as violence, researchers took into
strived to be specific by listing types of violence
consideration the general human rights situation
and naming reasons for violence rather than
in the country and how it affected LBT people’s
assuming common agreement, understanding or
lives. In other words, researchers integrated
even acceptance of such terms.
the sentiment that LBT rights and experiences
did not exist in a vacuum. They looked at how
Researchers accepted and applied any and all
country or community contexts contributed to
terminology for sexual orientation and gender
misconceptions about violence against individuals
identity used in the research countries. Interview
with non-conforming sexual orientation, gender
respondents could self-identify their sexual orien-
identity and gender expression.
tation and gender identity, which included reject-
ing Western and/or English-language categories
So-called “private” violence had multiple meanings
for non-conforming sexual orientation, gender
and evoked varied responses from LBT people in
identity and gender expression. However, the
politics of language goes beyond terminology,24
25 Jayanthi Kuru-Utumpala, “Butching It Up: An Analysis of
Same Sex Female Masculinity in Sri Lanka,” Culture, Health &
24 A glossary of terminology is included in each country Sexuality, July 18, 2013, http://dx.doi.org/10.1080/13691058.201
chapter of this report. 3.807520.
22 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
the research. First, it was defined by the fact that Skewed reporting in the five research countries
it occurred in the private sphere of the home and contributed to the general misunderstanding about
family. Second, when the perpetrator was a family (and discounting of) the gravity and prevalence of
member or someone intimately linked to the violence that LBT people experienced, the impact
victims, many experienced the violence as a private of this violence, as well as the virtual impossibility of
matter, which implied an imperative to avoid seeking assistance to deal with violence. For instance,
public exposure of the family or relationship. LBT people and the violence they experienced were
Third, many victims experienced a keen need often not even a footnote in most NGO reports on
to keep reasons for the violence (for being gay violence against women. LBT people were excluded
or transgender) private, which often translated in national action plans to end violence against
into a need to ensure that the violence itself went women and missing from national campaigns
unnoticed by the State, co-workers, employers, such as Sixteen Days of Activism to end violence
neighbors and friends. For many LBT people, there against women.26 At the same time, most reports
was also the fear of being subjected by the media by LGBT organizations on violence based on sexual
to unwanted exposure of their identities, such as orientation and gender identity did not include
being “outed” (having one’s sexual orientation or violence perpetrated by family members, intimate
gender identity revealed without permission or partners, and employers, since preference was given
inadvertently). Fourth, when victims perceived to violence by State perpetrators, violence resulting
of violence as a “personal issue,” they also saw the in deaths, and violence outside the home. Even
ability to cope with this violence as a personal human rights reports that had started mentioning
responsibility and not something for which they violations against LGBT people focused less on
were entitled to institutional assistance. lesbians, bisexual women and transmen than on
gay men and transwomen – and did not take on
violence in the private realm.
They rationalized the violence they experienced
as somehow justified for bringing disharmony
It was not surprising that even members of
and inconvenience to their families due to
ministries of women’s affairs, national women’s
the shame associated with having an LBT
commissions, and national human rights institutions
family member.
who were conscious of general discrimination
against LGBT populations were unaware that
violence experienced by LBT people was systemic,
In many countries, women’s right to privacy
frequent, and severely under-reported.27
was routinely ignored or violated, particularly
when it came to issues related to their sexuality
or reproduction. In such circumstances, the
26 A global campaign launched in 1991 by the Center for
notion of “private” violence had even greater Women’s Global Leadership. See “16 Days of Activism Against
implications, as LBT people were caught in a Gender Violence Campaign,” Rutgers School of Arts and
spiral of mutually reinforcing notions that because Sciences website, http://16dayscwgl.rutgers.edu/about/activist-
the violence was private it was an individual’s origins-of-the-campaign.
personal responsibility to deal with violence, 27 In Malaysia, a former human rights commissioner was skeptical
and not dealing with it became the focus rather about the level of violence against LGBT people because he
than the perpetrator’s actions. All of these factors said the Commission hardly received complaints, which led
have multiple implications for intervention and him to conclude that the situation was not as bad as activists
claimed. He himself was publicly opposed to LGBT people
prevention efforts by the State and by NGOs;
having any rights. (Author’s conversation with Suhakam
meanings surrounding private violence tend Commissioner, Khaled Ibrahim on May 5. 2009 in Yogyakarta,
to discount the impact of State neglect and Indonesia during a workshop convened by the Asia Pacific
the importance of State accountability to those Forum.) A Philippines human rights commissioner said the
it governs and commitments to national and commission could not commit resources to investigating
international human rights standards. violence against LBT people without receiving prevalence data.
(Angie Umbac, Skype research coordinators meeting with IGLHRC,
Cross-Country Analysis 23
The reality, however, as Rashida Manjoo, reinforce each other and reproduce power imbal-
Special Rapporteur on Violence Against Women, ances. Feminist theory has also been crucial to the
explains is that “[v]iolence motivated by hatred identification of perpetrators and to the interrogation
and prejudice based on sexual orientation and of not only our understanding of what constitutes
gender identity is a daily reality for many. It is violence, but also of the silence surrounding
‘characterized’ by levels of serious physical violence, particular forms of violence against women. For
that in some cases exceed those present in other instance, feminist activism and research31 on the
types of hate crimes.”28 prevalence, characteristics and impact of intimate
partner violence forced the public’s acknowledgment
of intimate partner violence as a social problem.
VIOLENCE AGAINST “WOMEN”
IS A CONTENTIOUS TOPIC Advocates for marginalized and vulnerable
Violence against women is any act of populations are reluctant to mention sexual
gender-based violence that is directed orientation and gender identity even when
against a woman because she is a woman they are discussing sexuality.
or that affects women disproportionately. It
includes acts that inflict physical, sexual or
mental harm and suffering, threats of such
The phenomenon of “corrective” rape32 by family
acts, coercions, and other deprivations of
and community members has been recognized
liberty... [that] impairs or nullifies the enjoy-
as a human rights violation on the basis of sexual
ment by women of human rights and funda-
orientation, gender identity and gender expression.
mental freedoms under general international
That said, transgender activists and scholars have
law or under human rights conventions….
challenged the conflation of issues relating to
sexual orientation, gender identity and gender
— CEDAW Committee, General
expression, such as the use of the term “LBT
Recommendation 1929
women” when referring to lesbians, bisexual
women and transgender people. They also rightly
Feminist research on violence against women has
point out that the CEDAW Convention is silent
established that although different forms of violence
on discrimination and violence on the basis of
do not fall into “discrete analytic categories,”30 there
gender identity and gender expression.
is an interlinked spectrum of violent behaviors that
Naming and describing violence has powerful
June 15, 2011). In Thailand, which is not one of the research political as well as practical consequences. Across
countries in this study, a human rights commissioner dismissed all regions, feminists and women’s groups have
reports that butch lesbians and toms were being targeted for hate observed that when violence against women is
killings. Despite news reports of nearly fifteen lesbian fatalities, delinked from social norms and societal attitudes,
he claimed there was no pattern to the crimes despite police
legal change falters; State interventions and preven-
investigations that showed the killers were “jealous” boyfriends or
men who felt rebuffed by women who chose to be in a same sex
relationship than with men. See “Letter to Thai Officials: Killings of
Lesbian Women and Transgender People in Thailand,” IGLHRC, 31 Many feminists in Asia and elsewhere have excluded transgender
March 22, 2012, http://www.iglhrc.org/content/letter-thai-officials- men and women in their analysis, scholarship, and activism.
killings-lesbian-women-and-transgender-people-thailand.
32 “Corrective” rape is sexual assault perpetrated by men against
28 United Nations, Report Of The Special Rapporteur On Violence women with non-conforming sexual orientation or gender
Against Women, Its Causes and Consequences, Rashida expression, to “cure” or “correct” the victim’s actual or perceived
Manjoo, A/HRC/20/16 (May 23, 2012) lesbianism or transgenderism, and is based on the attacker’s
assumption that sexual intercourse with a man will revert a
29 CEDAW Committee, General Recommendation 19 on Violence
lesbian to heterosexuality and cisgender expression. Perpetrators
Against Women, background general comments 6 & 7. (1992).
can be strangers or known to the victim/survivor; they can be
30 Liz Kelly, Surviving Sexual Violence (Cambridge: Polity, 1989). members of the victim/survivor’s social network or family.
24 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
tion measures are not successful. As noted earlier, perpetrators is not random but has ideological
women’s safety and security are inextricably tied roots. Furthermore, it shows that certain deeply
to women’s equality. For example, when the held beliefs and ideologies are deployed to validate
country conditions are hostile to women and and encourage this violence. On the one hand,
girls, and when States are neglectful of women’s there are social norms premised on heterosexuality
lives, all women are at risk, including: lesbi- and on the existence of two genders only – men
ans, bisexual women, gender non-conforming and women – with gender identities that conform
women (butch lesbians, women who dress in to the sex they were assigned at birth. These norms
masculine attire, male to female transgender serve as the only acceptable standards of identity,
women), and as this research shows, female-to- behaviors and relationships. On the other hand,
male transgender men. there are prevailing beliefs, sometimes justified with
reference to religion, that LBT people are “un-
When the State or religious and community leaders natural,” “immoral,” or against a specific religion.
contend that certain customary practices do not These misconceptions support and serve as the
amount to violence, it becomes controversial to foundation for institutional and individual levels
name these practices as violence, such as husband’s of violence against people who defy social and
“entitlement” to sex, the discriminatory treatment religious norms regarding expressions of sexuality
of daughters by parents, or punishing women for and gender.
not conforming to societal expectations regarding
female morality and respectability. In this context,
it is challenging to draw attention to invisible, un- The risk for physical, verbal, and even sexual
acknowledged, condoned or commonly accepted violence was greater when LBT people’s
forms of violence (e.g., marital rape, intimate sexual orientation, gender identity and gender
partner violence and forced marriage). Asia is not expression were more visible.
unique in this regard. Across all regions, laws,
culture, religion, patriotism, and nationalism are
subverted and used to regulate sexuality and gender
In Asia and elsewhere, the added layer of vulnerability
appropriate behavior. Suzanne Pharr, author of
for people with non-conforming gender expression
Homophobia: A Weapon of Sexism, notes, “[p]art of
is that they are targeted for defying the assumption
the way sexism stays in place is the societal promise
of heterosexuality and gender norms (through their
of survival, false and unfulfilled as it is, that women
clothing, hair, behavior, speech, and who they part-
will not suffer violence if we attach ourselves to a
ner with). For instance, women who appear or are
man to protect us. A woman without a man is told
perceived as “typically masculine,” men who appear
she is vulnerable to violence, and worse, that there
or are perceived to be “typically feminine,” or trans-
is something wrong with her.”33
gender (male-to-female) and transgender (female-to-
male) individuals become targets for violence.34
Ideological Roots of Violence No doubt, gay and bisexual men – like lesbians,
bisexual women and people with non-conforming
This research sets out to document structural- gender identity and gender expression – are also at
cultural violence against women and people with risk for homophobic violence and discrimination.
non-conforming sexual orientation, gender identity However, LBT people contend with the normal-
and gender expression. In other words, it aims to ization and minimization of violence against them
show that the violence committed against LBT because of the status accorded to all women in Asian
people by individual, institutional and State societies and elsewhere. Women’s lower social status
33 Suzanne Pharr, Homophobia A Weapon Of Sexism (Revised) 34 These are by no means exhaustive distinctions among women
(Berkeley: Chardon Press, 1997). or between women and gender non-conforming individuals.
Cross-Country Analysis 25
contributes to the invisibility of and lack of attention Asian lesbian and bisexual women’s access to
paid to violence against lesbian, bisexual and trans- public spaces is also influenced by the level of
gender women. To cite Suzanne Pharr, “homophobia gender-based violence that women in general
works effectively as a weapon of sexism because it is contend with in the public sphere, and by
joined with a powerful arm, heterosexism. Hetero- pervasive societal attitudes about female victims
sexism creates the climate for homophobia with its of rape and sexual assault. Consequently, in
assumption that the world is and must be heterosex- places where women in general are expected to
ual.”35 This analysis applies also to transphobia. Often remain exclusively or predominantly in private
effeminate men, masculine women, transgender spaces and where they are shamed as responsible
women and transgender men are particularly vul- for sexual assault if they report rape or other
nerable to violence because, like lesbians and bisex- attacks, LBT people tend not to report the
ual women, they challenge prevailing (patriarchal) violence they face. Stigma and mistreatment by
notions of masculinity and femininity. the police are barriers to LBT people reporting
violence based on sexual orientation or gender
The research undertaken for this report by LBT expression. The general narrow understanding
activists in Japan, Malaysia, Pakistan, Philippines of what constitutes rape influences how the State
and Sri Lanka clearly shows that heterosexism and public respond to sexual violence against
and homophobia, along with the assumption that transgender individuals. As noted in this research
there are only two genders (gender binary), work by LBT rape victims, rapes were mistreated
together “to enforce compulsory heterosexuality.” during investigation or not investigated at all,
The State, religious institutions, and the family only adding to fears of reporting and the risk
perpetuate compulsory heterosexuality; but femi- of additional victimization.
nists across Asia and elsewhere have long pointed
out that the family in particular is one of the That said, violence against transgender women
most powerful tools of patriarchy. who are sex workers is disproportionately and
sensationally reported in the media, reinforcing
Consequently, even if anti-homosexuality the idea that the violence transgender women face
legislation36 does not explicitly include lesbi- is solely due to the illegality of their work and/or
anism, lesbians and bisexual women are still that all transgender women are sex workers. On
vulnerable. This vulnerability is linked, firstly, the other hand, violence against transgender men
to the deeply entrenched and uncontested role remains under-reported, under-investigated and
that Asian families play in policing women’s under-documented.37
sexualities. Secondly, it is linked to the failure
of nearly all Asian governments to curb family
violence in order to advance the human rights
of women, including: non-discrimination,
safety from violence, sexual autonomy, and
bodily integrity, including the rights to refuse
to marry, to choose with whom they partner,
and whether or when to have children.
37 Although the general invisibility of and silences around
transgender men’s issues is a recognized concern among
Asian lesbian groups that focus on gender-based violence,
the concern seldom translates into concrete steps to address
these gaps. The invisibility of transmen is also noticed in a
2012 review of HIV research in the Asia Pacific region, which
35 Homophobia A Weapon Of Sexism (Revised) (Berkeley:
repeatedly mentions the lack of studies or research data on
Chardon Press, 1997).
transmen. See United Nations Development Programme, Lost
36 For instance, British colonial laws that criminalize anal sex, oral In Transition: Transgender People, HIV Vulnerability in the Asia
sex, under the rubric of “crimes against nature.” Pacific Region (2013).
26 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
is only legally recognized if a couple is judicially
ANALYSIS OF separated or the marriage is considered void ab
initio (void under the law – for instance, because
REGIONAL FINDINGS the woman is under the marital age). While some
of the lesbians in the research who were raped in
1
forced heterosexual marriages could have sought
Laws prohibiting violence against
redress under this law, sexual violence created
women in Asia are discriminatory
shame and demanded silence to avoid humiliation
and do not extend protections to
and other recriminations. In the situations where
women and transgender people with
lesbians were pressured into marriage, there was
non-conforming sexual orientation, gender
little or no parental support for lesbian or gender-
identity and gender expression.
variant daughters.
The language of anti-domestic violence, anti-rape, Sexual harassment policies in Japan assume that
and anti-sexual harassment laws in the research sexual harassment only applies to “ordinary,” (i.e.,
countries was exclusionary at the time of research cisgender) women. Transgender people who had
and continues to be so in 2014. Malaysia and been sexually harassed in the workplace said they
Pakistan have no domestic violence protections for found it difficult to report the violence and have
LBT people in same-sex relationships. In countries it taken seriously by authorities. It was difficult
like Sri Lanka, where the domestic violence law for individuals to even name the violence when it
covers de facto couples, LBT people were still occurred because policies systematically overlooked
unable to access these laws for redress38 because employees who are not cisgender, thus making it
of two other laws: the existing anti-sodomy law, onerous to even try to hold perpetrators account-
which criminalizes lesbianism; and the imperson- able. In addition, the Japanese Criminal Code
ation law, which makes it a crime to “deceive the defines rape as non-consensual sexual intercourse
public” by impersonating a person one is not, with a girl/woman who is thirteen and above.39 This
and which can be invoked against people with national law has a less rigorous standard than the
non-conforming gender expression. Both laws local ordinances enacted by Japanese municipalities
carry severe penalties, thus depriving LBT people that criminalize non-consensual sex with minors
of even those few options for protection and safety (under eighteen) although the ordinances do not
that theoretically are available to heterosexual call sexual violence against this age group rape.40
cisgender women. On the other hand, in the
Philippines, where adult consensual same-sex Only the Philippines had expanded its definition of
relations are not criminalized and there is an rape from the usual limited definition of penile-
inclusive domestic violence law, LBT individuals vaginal penetration to include penetration with “any
reported poor implementation of the law, especially object or instrument.” Japan, Malaysia, Pakistan and
at police stations, domestic violence shelters, and Sri Lanka still used the limited definition.
domestic violence desks at hospitals. According
to LBT anti-violence activists, these sectors “have Labor law protections were generally inaccessible
been slow to accept the law” and inadequately (if to LBT people because sexual orientation, gender
at all) apply domestic violence protocols for LBT identity and gender expression are not recognized
victims of domestic violence. grounds for discrimination and harassment.
38 In fact, no lesbians have tested Sri Lanka’s domestic violence 40 Clarification provided by Japan research coordinator, Azusa
law in court. Yamashita via email communication on November 18, 2013.
Cross-Country Analysis 27
Further, discrimination and violence were in the criminalized behavior. Police and other
sometimes justified or overlooked because of the law officials made reference to these laws when
victim-survivor’s economic status, age, or other they targeted transgender women who happened
status interlinked with non-conforming sexual- to be talking on the street or eating at an outside
ity and/or gender. For instance, a non-Muslim41 food stall, or lesbian couples in public spaces
transgender woman in Malaysia recalled that her (where one partner is clearly butch). A third
employers slapped, beat her up, and threw hot category of laws was used to punish specific
water at her because of her gender expression. She LBT behaviors (e.g., Sri Lanka’s impersonation
was a teenager at the time, from a poor family. law was applied to trans people for “cheating
Given her family’s low economic status, her age, the public”), Philippines’ grave scandal law was
and her non-conforming gender, she instinctively applied to lesbians and trans people in particular
knew that she could not report the violence to (for “offending decency and good customs”),
police or other authorities. In this case, a com- and Malaysia’s anti-cross dressing law was
bination of factors was the basis for violence and applied to trans persons. Finally, there were
also made reporting difficult. provisions in sharia (Islamic) law that specifically
prohibited and punished male homosexuality
and lesbianism (in Pakistan and Malaysia) and
LBT victims of violence are disadvantaged even transgenderism (in Malaysia).42
before they can seek redress for violence.
In fact, many parts of the criminal law were
blatantly misused against LBT people. In the
While there was no national legislation prohib- Philippines, laws to prevent kidnapping, illegal
iting violence or discrimination against sexual detention and “crimes against liberty” were used
minorities in any of the countries involved in against butch lesbians and transmen. Families
this research, there was an arsenal of laws used who objected to same-sex relationships filed false
by the authorities to persecute LBT people. One complaints of abduction to forcefully break up
category of laws criminalized behavior, which is couples that had eloped. In Pakistan, the research
usually imputed exclusively to LGBT people (e.g., team argued that lesbians and bisexual women
Penal Code provisions in Malaysia, Pakistan and Sri were vulnerable to family violence and random
Lanka that penalize anal sex and oral sex). While stranger violence43 if their identities were discov-
these laws in theory applied to everyone, regardless ered. 44 They pointed to the Obscenity Laws 290
of sexual orientation, in their implementation
they targeted same-sex relations (including sex
between women), even if there was no specific 42 The Pakistan Supreme Court ruled in favor of the rights of
transgender women who are known as hijras and khwajasaras.
evidence that the prohibited act had taken place
The 2009 ruling granted State welfare benefits to transwomen
at all. In other words, although the penal code and called for the legal creation of a third gender category.
prohibits a specific act, it was a specific identity Basim Usmani, “Pakistan To Register Third Sex Hijras,”
that was ultimately punished. The Guardian, July 18, 2009, http://www.guardian.co.uk/
commentisfree/2009/jul/18/pakistan-transgender-hijra-third-sex.
Laws ostensibly meant to police and control public 43 This fear was exacerbated when a progressive governor of
spaces, such as vagrancy, loitering, and public order Punjab was assassinated by his bodyguard for criticizing the
laws, were used in four of the five research countries Blasphemy Law. The killer was championed by religious groups.
(Japan was the exception) to target people because “Punjab Governor Salman Taseer Assassinated In Islamabad,”
BBC, January 4, 2011, http://www.bbc.co.uk/news/world-south-
of their appearance even if they were not engaged
asia-12111831.
28 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
and 294, which penalize “obscene acts” and to Types of emotional violence against LBT people
the Blasphemy Law,45 which punishes anyone in the public sphere included social ostracism,
from Pakistan who defames Islam and Prophet stigmatization, verbal denigration, religious
Muhammad or questions this law. The Pakistan condemnation, posting homophobic and trans-
researchers noted that there was general fear phobic insults online, threatening to publicly
in the LBT community of being targeted by expose the sexual orientation and gender identity
these laws, borne out by strangers, neighbors, of particular individuals, threatening to cause
or university students invoking their right to bodily harm, threats of rape, and publicly ‘outing’
defend Islam when perpetrating violence against or disclosing individuals’ sexual orientation
gay men, lesbians and bisexuals. and gender identity. The disclosure of sexual
orientation and gender identity generally resulted
2
in additional exclusion or violence, including loss
Emotional violence was the most
of employment, school expulsion, and punishment
commonly reported form of violence
by authorities. Perpetrators of these types of
for LBT people in Asia.
violence included employees of State institutions,
strangers/members of the public, religious officers,
LBT people interviewed for this research identified
employers, co-workers, school peers, acquaintances,
emotional violence as the most prevalent form of
landlords and neighbors.
violence they experienced. The emotional violence
occurred across domains – outside the home and
in the home, by State and non-State perpetrators. Several LBT interviewees testified that they
For instance, State actors and families both used had been subject to sexual violence by family
references to religion to condemn and punish members from childhood.
non-conformity. According to respondents,
emotional violence intensified over time and
usually preceded physical violence. For instance,
one third of LBT interviewees in Malaysia who Emotional violence in the private sphere was
experienced emotional violence reported that the perpetrated by family members or partners of
verbal hostilities and pressure to conform from LBT individuals, and included verbal hostilities,
family eventually escalated to physical violence, restrictions on socializing (such as imposing
often over a period of years. As noted by sociologist curfews and house/room confinement), gender
Steven Onken, a single violent incident or situation norm enforcement (forced to dress and behave
can manifest several mutually reinforcing aspects of according to social norms), or mistreatment
violence, meaning that categorizations of violence “simply for being women.” Other types of emotional
are not exclusive but are overlapping.46 Many LBT violence involved severing of family ties, public
people in this research experienced individual acts shaming, privacy invasions, economic retaliation
of violence as part of a campaign of violence; in such as withdrawing financial support, eviction,
their experience, acts of violence usually were not a prolonged silent treatment, and treating individuals
one-off occurrence. as persona non grata (e.g., consistently ignoring a
person as if they were not in the room and speaking
about them in the third person). Families also
forced individuals to end intimate relationships,
meet was compromised. These reports are on file at IGLHRC. and/or forced individuals into mental health
45 “The Kafkaesque Reality of Pakistan’s Blasphemy Laws,” New therapy or religious counseling, the coercive
Statesman, February 28, 2013, http://www.newstatesman.com/ aspects of which amounted to emotional violence.
politics/2013/02/kafkaesque-reality-pakistans-blasphemy-laws.
Cross-Country Analysis 29
3 Family was the primary perpetrator of
SOME EXPLANATIONS FOR
violence against LBT people in Asia. CENTRALITY OF FAMILY VIOLENCE
Several factors could explain why family violence
LBT people in this research pointed to family was so deeply felt by the interviewees. In Asia,
violence as the primary source of violence in their the family is the most powerful enforcer of social
lives. Family perpetrators inflicted physical violence norms, standards of respectability, morality, and
and sexual violence (discussed below under religious teachings (e.g., having “almost absolute
sub-section 4) as well as emotional violence control over the individual”). Despite women’s or-
(discussed earlier). “Dominant” male members of ganizing and the insistence of feminist groups in
the family were reported to be the main perpetrators Asia that the state should penalize violence against
of physical and sexual violence, including child women in the home (e.g., domestic violence,
sexual violence (discussed later in this chapter). forced marriage, and marital rape), Asian govern-
ments prefer not to regulate the family, particu-
Physical violence by family members included larly in matters deemed “private.”
beating, punching, slapping, use of objects as
weapons, and forced hair cutting or head shaving.
The perpetrators justified this form of violence as Family violence became a foundational setting
“corrective” violence to punish people for their for violence and discrimination experienced
non-conforming sexual orientation, gender identity later in life outside the home.
and gender expression as this non-conformity
was viewed as disobeying cultural expectations,
Sexual orientation and gender identity were so
defying parental authority, insulting religion, or
integral to personhood for our interviewees –
bringing shame on the family.
as in society as a whole – that when their family
became a place of danger and even hatred, they
Typically, families targeted “tomboy” girls, lesbians
internalized a negative message that predictably
with very short hair, girls “liking” other girls, and
left a deep feeling of rejection. Another possible
transgender girls for their “feminine tendencies.”
explanation for the reporting about family violence
These “feminine tendencies” included wearing
is that this violence could be experienced as a deep
women’s clothing, or as noted in the Pakistan and
betrayal, which understandably then carried
Malaysia research, taking on stereotypical women’s
particular significance for victims/survivors,
roles in the family, such as cooking and cleaning.
as conveyed in the Philippines report: “family
The age of victim did not appear to influence
is family and you don’t throw away your family.”
violent behaviors. For example, the father of a
Findings across all the research countries showed
transgender woman in Malaysia beat her from the
that family violence had what interviewees explained
time she was a toddler because “she looked like a
as great, long lasting impact on themselves and others
girl” and asked other family members to mistreat
in their communities such as: debilitating sadness;
her as well because of her gender expression.
eroded self-esteem; damaged self confidence;
symptoms often associated with post traumatic
The weight given to family violence surprised all
stress disorder (PTSD), such as hyper vigilance,
the research teams considering the level of violence
anger issues, self injury (cutting, burning skin),
also reported by the interviewees in other contexts,
and alcohol and drug dependence. Interviewees
including: from the State, through government
also referred to family violence as a key reason for
officials such as police, religious officers, military
attempted suicide in some of the countries.
officers, members of state-controlled media, state
agencies (e.g. passport control and identity card
Many of the LBT individuals interviewed were
officers) and healthcare personnel; or outside the
compelled to leave home at a young age because
home, such as on the streets, schools and workplace.
of violence, which – in combination with other
30 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
types of rejection – had lasting consequences option for most of the LBT respondents. Asking
in their lives. In Japan, Malaysia and Philippines, for police or other intervention was too risky
transgender individuals who experienced a for both the victim and the same-sex perpetrator
combination of family violence in the home and because of the presence of sodomy laws, morality
at school dropped out of school early, which laws and religious law that shifted the focus of
respondents indicated caused long-term disrupted the laws away from victim protection and violence
education, lost employment opportunities and prevention to penalizing LBT people for the nature
difficulty gaining financial independence. In this of their relationship (i.e., same-sex and therefore
manner, family violence became a foundational “against the order of nature.”) Furthermore, the
setting for violence and discrimination experienced general silences about (and relative invisibility of )
later in life outside the home. same-sex partner violence made it difficult for
victims to disclose what was happening in their
Mainstream women’s organizations repeatedly relationship and obtain LBT-sensitive services.
describe the incredible struggles of women in The risks of disclosing same-sex partner violence also
heterosexual, cisgender marriages when they meant negative publicity, community ostracism, and
experience spousal violence that is framed by being outed in an LGBT hostile climate.
compulsory heterosexuality, such as: re-victim-
ization by insensitive and biased police officers
and poorly trained judges, difficulties obtain- Visibility of non-conforming gender
ing protection orders, lack of safe affordable expression may be an added motivator
housing, high levels of retaliation against women for families to force LBT individuals into
who report violence by their husbands or in-laws, heterosexual marriage.
and lack of viable options for women to support
themselves and their children without financial
support. In all of these cases, intimate partner
Forced marriage was an example of family
violence is compounded by stigma, shame and
violence that involved emotional and some-
blaming of women for the violence they experience.
times physical violence. The Pakistan research
Additionally, women who leave violent relationships
team spoke to several lesbians and bisexual
are at high risk for retaliatory violence by the
women who were forced into heterosexual
husband or partner.47
marriages by their parents, and who, at that
time, had already been experiencing other kinds
Legal protections like protection orders of violence from their parents. Interviewees left
were not an option for most of the LBT the violence of one household (natal home)
respondents. only to enter the violence of another household
(marital home) with husbands who physically,
verbally and sexually battered them. Entering
The struggle for safety was much more pronounced violent marriages was thus the continuation of
when there was violence in same-sex relationships. violence perpetrated by the family of origin.
Not only were LBT people’s relationships treated Furthermore, marital rape was a contested issue
as de facto (legally unrecognized) but in most of in all the five research countries, with members
the research countries, they were also criminal- of legislatures defending husbands’ entitlement
ized and condemned as immoral. Consequently, to sex in marriage, and religious leaders attacking
legal protections like protection orders were not an women’s right to refuse or choose if and when
they wanted sex with their husbands. While
forced marriage is a recognized problem among
47 Chic Dabby, Hetana Patel and Grace Poore, “Shattered Lives: heterosexual, cisgender women and girls, the
Homicides, Domestic Violence And Asian Families,” Asia & visibility of non-conforming gender expression
Pacific Islander Institute on Domestic Violence, February 2010, may be an added motivator for families to force
http://www.apiidv.org/violence/homicide.php.
Cross-Country Analysis 31
LBT individuals into heterosexual marriage.
If they are subjected to spousal violence, as the
SUICIDE
Pakistan research shows, redress becomes out of Reports from all five countries indicated that many
the question. There is no recourse for individuals LBT people saw suicide as a way to deal with – and
who have defied the cultural and social norms that possibly end – the violence in their lives. Most
religious leaders impose on families, and which the noticeably, over half of the LBT interviewees in
government relies on families to uphold. the Japan study said that they had “considered sui-
cide.” This finding takes on particular signifi-
cance in light of the fact that about 30,000 people
Lesbians and bisexual women who moved out a year between 1988 and 2012 committed suicide
of the family home were living “outside the in Japan, according to the country report.50
norms of protection for women.” Sadly, a transgender man, interviewed for the
Japan study, who had frequently attempted suicide
because of the violence he was experiencing, did
kill himself before the research was completed.
Most LBT people could not freely or easily
In Sri Lanka, one-third of the LBT interviewees
move away from the family home because of
reported that they attempted suicide. There was
economic necessity. Several LBT people in this
a pattern in Sri Lanka of couple suicides by
research, particularly transgender women, who
lesbians whose families forced them to end their
did leave home to escape the “unbearable envi-
relationships and/or whose families forced them
ronment,” faced poverty because of employment
into heterosexual marriages.
discrimination and economic exploitation
(i.e., exploitative employers, absence of labor
From these findings we deduced that suicide or
law protections). They also experienced street
attempted suicide by LBT people in Asia was a
attacks and police abuse. Additionally, in Pakistan,
relatively common, or at least consciously con-
Sri Lanka and Malaysia, family and cultural
sidered, response to the nexus of hetero-normativity
expectations required daughters to remain with
and patriarchal structures of power operating
their parents until they were married, trapping
inside and outside the home. In the five countries
many lesbians and bisexual women in violent
we researched, there were no available measures
households. In such country contexts, lesbians
to counter cycles of violence. LBT individuals in
and bisexual women who moved out of the
some cases came to view suicide as the only way
family home were living “outside the norms of
to cope with the violence in their lives.
protection for women,”48 in the same way as
single heterosexual cisgender women who left
4
home. As women, regardless of gender expression, Intimate partner violence was quite
living on their own meant contending with the prevalent in Asia, including severe
risks of sexual harassment and sexual violence physical and sexual violence by
by landlords, neighbors or police – who tended violent partners.
to equate women’s autonomy with sexual
Reports from Japan, Malaysia and Sri Lanka
availability (read as male entitlement) and/
indicated that a number of LBT people inter-
or assumed that the women were engaging in
viewed for this project experienced violence in
unlawful activity (e.g., operating a brothel).49
their relationships, which in some instances was
prolonged and severe. Types of physical violence
perpetrated by partners of LBT people in this
32 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
research included verbal denigration, beating, cisgender women, with men as the perpetrators.
kicking, slapping, scratching, biting, choking, Many of the researchers were concerned that
flinging of objects, and infliction of physical reporting on same-sex partner violence could: show
pain. Sexual violence included forced sexual acts LBT people (particularly lesbians) in a bad light;
and rape. In addition, violent partners inflicted draw attention away from findings on other kinds
emotional violence (e.g., verbal abuse), which oc- of violence directed at LBT people; or not be taken
curred in tandem with, or leading up to, physical seriously, since in this instance, the violence was
and sexual violence. perpetrated by women (so can’t be “that bad”).
They were also concerned it could invite oppor-
The research identified the primary perpetrators tunities for criminalizing LBT people instead of
of partner violence in Asia as same-sex partners, providing resources to address this hidden problem.
dating partners, and male heterosexual cisgender
5
partners of lesbians and bisexual women. Other
Perpetrators of sexual violence against
perpetrators were cisgender and/or heterosexual
LBT people in Asia were likely to
partners of transgender individuals. Lesbian partic-
know their victims.
ipants in this research who experienced same-sex
partner violence mainly attributed the violence to
Roughly 25 percent to 50 percent of the LBT
their partners’ jealousy and possessiveness. Violence
people interviewed for this research reported
by heterosexual male partners of bisexual women
having suffered sexual violence, perpetrated
included verbal, physical and sexual assaults to den-
primarily by people they knew – family members,
igrate victims’ sexual orientation. For instance, the
spouses, co-workers, bosses and dating partners.
boyfriend of a bisexual woman in the Philippines
This violence was carried out mostly in the
beat her regularly because of her sexual orientation.
home and workplace, and involved sexual taunts,
derogatory name-calling, lewd gestures, groping
Women’s shelter programs set up specifically buttocks, unwanted touching of breasts, forcing
to assist women fleeing violence turned away victims to perform oral sex, forcing victims to
lesbians in need of emergency shelters for touch perpetrators’ genitals, coercing sex, threatening
violence. rape, and actual rape (date rape and heterosex-
ual partner rape, including marital rape). Gang
rape of transgender women at private parties in
The boyfriend of a bisexual woman in Sri Lanka Pakistan was reported by one khwajasara as being
accused her of sleeping with women and raped her. “quite normal and usual.”
Marital rape in forced marriages was an egregious
problem, which compounded family violence. A Date rape stood out in the Japan report. A lesbian
young lesbian in Pakistan forced into a heterosexual who dated a heterosexual man because she believed
marriage by her family reported that her husband it “could cure her sexual orientation” was raped
regularly beat her severely for her reluctance to have by him when she refused sex. A transgender man
sex with him. Another young lesbian, also forced who believed that dating a cisgender heterosexual
by her family to marry, said she had to endure man would “change back his gender to female”
the husband’s physical, verbal and sexual violence was raped for refusing sex. These narratives
for one year before she could justify leaving the illustrated the negative physical and psychological
marriage to her family. impact of coercive gender and sexuality norms,
exacerbated by male sexual violence. Some LBT
It is worth noting that the findings on same-sex individuals believed that reverting to heterosexual
intimate partner violence were troublesome for or cisgender identities would relieve their suffering
some of the research teams. Although intimate from discrimination and stigmatization on the
partner violence is generally high in Asia, it is often basis of non-conforming sexual orientation or
only looked at from the perspective of heterosexual, gender identity.
Cross-Country Analysis 33
“Corrective” rape and threats of “corrective” rape violence took place on the streets (all five countries),
in Asia did appear in the research. In Sri Lanka, in vehicles (Malaysia and Philippines), and at
a bisexual woman reported that her boyfriend private parties (Pakistan). Transgender victims of
regularly raped her after he found out about her sexual violence inside vehicles reported being tied
previous relationships with women. In Pakistan, a up or held hostage inside a vehicle and forced to
transgender man’s girlfriend’s sister, who objected perform “sexual favors.” Transgender victims of
to their relationship, recommended that the sexual violence by police in Pakistan reported that
transman should be raped “in order to convert this violence was part of police extortion. Police
[him].” In Malaysia, a lesbian and former pengkid officers forced transgender women sex workers to
(Malay-Muslim androgynous woman or tomboy) turn over their earnings, lure customers to the sex
received a rape threat over the telephone from workers, and extort the customers.
male acquaintances on campus who were aware of
her gender expression. Several disturbing misconceptions emerged in
this research with regard to the reasons for rape.
While the Philippines research for this project A transgender woman in Malaysia who was raped
did not mention “corrective” rape, a joint stake- explained the rape as “bad luck” and stated, “[t]
holder report submitted to the United Nations hat is what you get for being a girl when god
Human Rights Council for the 2011 Philippines made you a boy.” A pansexual woman in Pakistan,
Universal Periodic Review noted the State’s who was raped repeatedly in the home, blamed
failure to provide redress mechanisms for sexual herself for being physically weak and not stop-
violence against LBT people, including “systematic ping the rapes. These testimonies parallel those
rape of lesbians by men to ‘correct’ and remind of many cisgender, heterosexual women who also
lesbians that ‘they are still women.’”51 Several LBT blame themselves when they are raped. Another
interviewees testified that they had been subject to misconception about sexual violence was that
sexual violence by family members from childhood. lesbians and bisexual women in Japan questioned
In the Philippines, transwomen reported being whether rape can even happen in the context of
raped, mostly by uncles.52 Most of the survivors female same-sex relationships. Transgender people
said they were not aware until they become adults in Japan had the impression that sexual violence
that what they went through is rape. only happened to “ordinary” (gender conforming)
women, and therefore their experiences of unwanted
Strangers who perpetrated sexual violence on LBT touching of breasts and buttocks by co-workers or
people also used physical violence. These forms acquaintances did not constitute sexual assault or
of violence were usually an escalation from verbal sexual harassment.
denigration and condemnation. Transgender
women experienced most instances of sexual Some of the respondents did, however, clearly
violence by strangers, particularly if they were identify the links between the sexual violence they
sex workers or assumed to be sex workers. This experienced and sexism (systematic discrimination
against the female sex) and misogyny (violent
expressions of hatred towards the female sex).
51 Submitted for 13th session of UN Universal Periodic Review Over one-third (15 out of 50) of Japanese LBT
of the Philippines. The report cites research conducted by interviewees answered “no” when asked if sexual
ISIS International: “Surfacing Lesbians, Bisexual Women’s and violence was perpetrated against them because of
Transgender People’s Issues in the Philippines: Towards Affinity their non-conforming sexual orientation, gender
Politics in the Feminist Movements” (2010), 16, http://lib.ohchr.
identity and gender expression. Most of these re-
org/HRBodies/UPR/Documents/session13/PH/JS13_UPR_
PHL_S13_2012_JointSubmission13_E.pdf. spondents were lesbians, and they attributed sexual
violence to the status accorded to women in Japan.
52 Although in many Asian cultures, the terms “uncle” or “aunty”
are also used by children to convey respect for older persons
who are not related but are family friends, in this instance, the The Pakistan report also observed that sexualized
word uncle refers to parents’ siblings. pinching and touching of lesbians and bisexual
34 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
women by strangers in public spaces was “an the perpetrator and his wife justified the rape by
extension of the harassment all women in Pakistan blaming her (an eight-year-old) for being a bakla
face,” and that sexual violence against LBT people (Tagalog put-down for transgender woman) and
in Pakistan was “part of a larger campaign of abuse flirting or inviting the attention of the rapist
and degradation [against] female-bodied people.” uncle. Even the judge showed this bias. Eventually,
Transgender women also attributed the violence the uncle was incarcerated.
they experienced to their female presentation (i.e.,
gender expression). Toransu (transgender) individuals We included narratives of child sexual violence
in Japan said that perpetrators perceived them as in the report to show that violence experienced
women and “[mis]treat[ed] them as women.” A by LBT people occurred at different stages across
transgender woman in the Philippines, who survived the life span. We also wanted to raise the question
attempted rape, said that transgender women were of whether gender variant girls or effeminate boy
viewed as “a sex slave, a play toy.” She explained, children are targeted for child sexual violence
“It is tolerable for [cisgender] men to have sex with because of their gender expression. IGLHRC
a transgender because [he] is still a man and it is hopes that further research can be undertaken
[the transgender woman’s] punishment because he’s about the sexual abuse of children in Asia to
making himself a woman.” better understand if there are any links between
sexual violence and perpetrators’ awareness of
LBT people are overlooked and forgotten when victims’ non-conforming sexual orientation, gender
the State and NGOs implement measures to identity and gender expression. Not only do these
stop gender-motivated family violence. concerns have implications for anti-violence
initiatives but also for policy and law enforcement.
6
Some LBT people in the research talked about The greater the visibility of non-
sexual violence that they experienced as children. conforming sexual orientation, gender
A lesbian in Japan whose father sexually violated identity and gender expression, the
her from the time she was in elementary school greater the frequency of violence
until fifth grade said the violence was motivated experienced by LBT people in Asia.
because of “being born a girl.” In Pakistan, lesbians
and bisexual women who reported being sexually Everyone has the right to freedom of opinions
“molested” multiple times and over several years and expression, regardless of sexual orientation
(some as long as six years) by male relatives or and gender identity. This includes expression
male household workers attributed the sexual of identity or personhood through speech,
violence to the vulnerability of girl children. In deportment, dress, bodily characteristics,
these lesbian narratives, there appeared to be choice of name, or any other means as well
no evidence that sexual orientation or gender as the freedom to seek, receive and impart
expression were grounds for the sexual violence. information and ideas of all kinds, including
However, those who experienced this type of with regard to human rights, sexual orientation
violence concluded that they were violated be- and gender identity, through any medium and
cause of the overall environment of sexism towards regardless of frontiers.
girl children, and the particular vulnerability of
girl children to male adults in the family. – Principle 19: The Yogyakarta Principles53
On the other hand, a transwoman in the Philippines LBT visibility refers to style of dressing, type of
reported being brutally raped by her uncle when clothing, length of hair, manner of verbal and
she was eight years old. The physical injuries were
so severe that she required surgery. In this instance
the uncle, who was 20 years old, was charged and 53 “The Yogyakarta Principles,” Yogyakartaprinciples.org, March
brought to trial. The transwoman recalled that 2007, http://www.yogyakartaprinciples.org/principles_en.htm.
Cross-Country Analysis 35
non-verbal communication, and manner of inter- The findings of this research on violence against
personal interactions. LBT people showed that the risk for physical,
verbal, and even sexual violence was greater when
The LBT persons interviewed for this research LBT people’s sexual orientation, gender identity
expressed different ways of “being out,” including: and gender expression were more visible. This
not hiding their sexual orientation or gender iden- pattern was particularly noticeable in (but not
tity, disclosing only to friends or family, disclosing limited to) countries where religion was used to
to family but not to employers, disclosing only justify intolerance, and where State policy and
in public but not to family, or some combination views about homosexuality and transgenderism
thereof. For those who were interviewed, the most were closely aligned with religious leaders.
significant form of expression of sexual orientation
and gender identity was to themselves. Seeking Indian lawyer and human rights activist, Arvind
words to articulate emotions and desires, and Narrain talks about “queer invisibility and hyper
developing a sense of self and identity, were a part visibility” to describe the riskiness of being out and
of this expression. Secondarily, interviewees placed challenging the status quo (upheld by cultural,
importance on expression to the outside world, religious, class, urban, rural dictates) where visibility
through clothing, physical appearance, words, can completely marginalize and stigmatize LBT in-
actions and relationships. Relating to a partner dividuals and/or make them targets of criminal law.56
sexually was an integral part of this expression.
Research has shown that an individual’s capacity
for expression is critically dependent on the evalu-
EXAMPLES OF VIOLENCE
ation of the expression – by herself and by others. ASSOCIATED WITH LBT VISIBILITY
As Australian legal scholar Gail Mason points out,
In Malaysia, police and Islamic religious officers
visibility centrally shapes the incidence and effects
harassed and detained mak nyahs (Malay-Muslim
of violence on the basis of sexual orientation, gen-
transwomen) and butch lesbians more often
der identity and gender expression, which makes
than feminine presenting lesbians and bisexual
safety from violence a context-dependent form of
women. For instance, a mak nyah was arrested at
negotiation.54 Mason argues that since people are
a food stall for wearing women’s attire, charged
normatively “presumed heterosexual,” those who
for “posing as women” – a criminal offence under
indicate otherwise are singled out because of the
Malaysian sharia (Islamic) law – and subsequently
“visibility of the transgressive sexual subject.”55
sentenced to one year in prison by the sharia
court. Strangers on the street confronted a
In our research, when LBT people expressed their
pengkid and her lesbian girlfriend, demanding to
sexual orientation and/or gender identity, they
know if they were lovers and warned them not to
were negatively perceived for defying heterosexual
continue their “shameful” behavior. In fact, LBT
and binary gender norms. The negative values and
persons testified that their parents and siblings
meanings associated with homosexuality, trans-
were stigmatized and criticized by neighbors,
genderism, cross-dressing, and non-conforming
friends and relatives, especially for having visibly
expressions of masculinity and femininity were
gender variant children or family members.
encoded in the proscriptions of culture, religion,
law, medicine, and other social ideologies and
In Pakistan, the father of a transgender man
institutions. To the individuals interviewed for
beat him frequently for wearing men’s clothes
this research, the prohibitions were experienced as
and cutting his hair “too short.” A lesbian whose
either repressive, punitive, or both.
partnership with another woman became appar-
ent to the family was beaten up by her younger
54 G
ail Mason, “Body Maps: Envisaging Homophobia, Violence
and Safety,” Social and Legal Studies 10 (1) (2001), 23-44.
56 Arvind Narrain, Queer: Despised Sexuality, Law and Social
55 Ibid. Change (Bangalore: Books For Change, 2004).
36 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
brother, verbally denigrated by her sister as “ugly Employers who condoned LBT discrimination
and disgusting,” and attacked with a knife by opened the door to violence in the workplace
her father because she had “disobeyed” social and forced LBT employees into the closet (i.e.,
norms. Even if Pakistani lesbians did not disclose compelled them to hide their sexual orientation
their sexual orientation to family members, and gender identity). The discrimination also
those who presented as butch lesbians were discouraged reporting of workplace violence, and
“pressured” by the family to “talk, behave, and shut down access to redress. This was particularly
act more womanly or feminine.” Khwajasaras clear for sexual violence in the workplace, which
(transwomen) were beaten, slapped, kicked and was directly related to LBT visibility. In Japanese
verbally ridiculed on the streets – actions in work environments, transgender women reported
which the police were complicit – while they that they experienced unwanted sexual language
were begging or doing sex work. and sexualized taunts, which escalated to groping
of breasts and buttocks. Lesbians and bisexual
In the Philippines, several men publicly assaulted women who did not reveal their sexual orientation
a transgender woman on the street because “they and were assumed to be heterosexual said that they
were offended by her wearing a dress.” They beat did not experience workplace violence because of
her up, cut her hair, called her a shame to society, their sexual orientation – but because they were
and threatened her with a gun. Transgender women (i.e., similar to the violence and sexual
women and men were physically barred from harassment experienced by their heterosexual
entering or forced to vacate gender-segregated female colleagues).
washrooms on trains.
Discriminatory State policy was used to justify
In Japan, a gang of high school girls grabbed a blatant mistreatment of LBT people whose sexual
toransu (transgender male-to-female) classmate, orientation and gender identity were visible. This
tore off her clothes and demanded, “What gender was evident in places of employment, business
are you?” establishments, media, and educational institutions.
In Sri Lanka, a group of men attacked a lesbian It should not be the expectation that
who views herself as a masculine female, pinned individual victims need to be self-reliant
her against the wall and punched her in the and resilient to deal with violence on their
parking lot of a nightclub frequented by lesbians. own while waiting for State action to reduce
Formerly friendly neighbors threatened to rape violence for all people.
two lesbians when the neighbors realized the
women were a lesbian couple.
In Malaysia, transgender women were prohib-
Workplace discrimination was also associated with ited from entering clubs in the northern state of
LBT visibility. According to butch lesbians, trans- Penang while butch lesbians and pengkids were
men and transwomen in Japan, Malaysia, and the permitted entry only if they purchased a beverage
Philippines, prospective employers blatantly told – sold to them at “much higher prices.” Anti-vice
job candidates during or after job interviews that officers who targeted gay clubs and saunas for
they were not feminine or masculine enough, or raids were more likely to exploit the discrimina-
were impersonating the “wrong” gender. LBT tory environment to physically and verbally harass
people in private sector jobs, whose identities mak nyah, pengkids and butch lesbians, than
were disclosed or discovered, reported that they those whose gender expression more easily aligned
were denied job promotions, opportunities to with the prevailing (and imposed) gender norms.
attend trainings, or permission to interact with
employees at other branch offices of the company. In Japan, parliament passed the Gender Identity
This was the case even in Japan for transgender Disorder (GID) legislation in 2003 to allow trans-
people who were legally recognized. gender people to indicate their chosen gender in
Cross-Country Analysis 37
the family register once they receive a psychiatric in English because I know this always intimidates
diagnosis of “gender identity disorder.” While this people…after awhile, he shut up and went away.”
opened the route to legal recognition for trans-
gender people, it came at the cost of compelled The intersection of ethnicity and religion with
medical pathologization. Moreover, it heightened sexual orientation, gender identity and gender
the visibility of transgender people who have expression also affected how LBT people navi-
become a point of focus of media and research gated hostile terrain. Tamils make up a very small
groups, making legal recognition in exchange for membership of LGBT groups in Sri Lanka. One
medical pathologization a double-edged sword in reason is that with the history of violence and civil
terms of visibility. It gives Japanese toransu (trans- war57 between the Sinhala state and Tamil groups
gender people) greater visibility in media and fighting for self-governance, LBT people of
research – compared to sekumai (lesbians) and Tamil ethnicity are at greater risk of violence than
bisexual women who are relatively invisible in the Sinhala and Burgher LBT people in Sri Lanka.58
media – but the media caricatures toransu (e.g., In Malaysia, the reverse was true: mak nyahs and
on television programs) as objects of ridicule. Vis- pengkids as members of a majority ethnic (Ma-
ibility in this instance brought negative attention, lay) and majority religious (Muslim) group were
which contributed to the justification of violence in fact more vulnerable because of their majority
against Japanese toransu in schools, job sites, on status.59 They come under greater surveillance by
the street, and in families. State and Islamic religious institutions because
their non-conforming gender expressions made
them hypervisible. Lesbians and bisexual women
Lesbians with economic means were able regardless of ethnicity and religion expressed
to “buy safety” by avoiding unsafe public the ability to pass as “straight” women, and gay
spaces or by extricating themselves from transmen60 could pass as “straight” men. However,
potentially violent situations.
57 The Sri Lanka country chapter in this report indicates 40,000
Visibility of LBT behaviors alone did not shape Tamil civilians were killed and 60,000 Tamil civilians were
the perpetration of violence in the public sphere. injured in the civil war between the government of Sri Lanka
Sexual orientation, gender identity and gender and the Liberation Tigers of Tamil Eelam (LTTE).
expression intersected with other identity markers 58 It was difficult to find Tamil LBT people (only one came
such as religion, ethnicity, and economic status forward) to participate in the Sri Lanka study. The snowballing
to influence how LBT people were perceived and method of outreach contributed in part to this because the
treated, how LBT people navigated safety and researchers were less networked with the Tamil-speaking
community beyond the capital.
practiced self-surveillance, and how they were
resilient in the face of repressive conditions in the 59 Article 160 of the Malaysian Constitution stipulates that all
public and private spheres. In Malaysia and Sri ethnic Malays must be Muslim. Non-Malays can also voluntarily
choose to be Muslim.
Lanka for instance, lesbians with economic means
were able to “buy safety” by avoiding unsafe 60 Transmen tend to be the most invisible in Asian LGBT
public spaces or by extricating themselves from communities. They make up the smallest number of respondents
in this research. Except for the Japanese word “toransu,” there
potentially violent situations. One interviewee
is very little or no terminology for transmen in the nine local
explained, “There are certain activities I’ve cur- languages of this research. Compared to a variety of local words
tailed…certain parts of town I won’t go to, I don’t (positive, negative or reclaimed) available for transwomen, lesbians
walk on the streets, I go everywhere by car, I don’t (and also gay men), transmen tend to be referred to by English
take public transport.” English-speaking lesbians terms and abbreviations – such as transman, female to male, F
in Sri Lanka sometimes found that deploying to M, FtM, or they are mistakenly conflated with butch, lesbian or
tomboy. For example, the Malay term, pengkid is a broad reference
language linked with specific groups or indicat-
for Malay women with non-conforming gender identity and gender
ing privilege helped when facing threats. One expression – tomboys, butch women and androgynous women
respondent said “I spoke to him [verbal attacker] who like masculine dress styles. The Malaysia chapter notes that
38 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
pengkids and mak nyahs are perceived as openly were fined and jailed more frequently than other
defying and shaming the Malay identity (i.e., respondents. As the Malaysia research indicates,
ethnicity), Muslim identity (i.e., religion), and economically vulnerable mak nyah were “more
therefore their Malaysian identity (i.e., nationality). often persecuted” by the sharia courts. In Pakistan,
It is also likely that pengkids and mak nyahs although the Supreme Court had ordered that
were perceived as a challenge to Malay mascu- hijras and khwajasaras be given welfare benefits
linity and “an affront” to gender-conforming and that a third gender legal category be created,61
relationships. these individuals reported regular physical
violence in public spaces.
Cross-Country Analysis 39
7
domestic violence shelters for women did not
Most LBT people in Asia reported an
accept lesbians, and while counseling was available
abysmal lack of sensitive external
for domestic violence, those who provided
support systems and relied on per-
counseling expected LBT victims of violence
sonal resiliency to deal with violence.
to disregard their sexual orientation or gender
LBT victims of violence are disadvantaged even identity when talking about the violence. This
before they can seek redress for violence due to pressure to compartmentalize and invisibilize
the risks of being criminalized63 by the State; themselves was described by some Japanese
stigmatized by society; condemned by religious LBT people as another layer of violence.
groups; and rejected by family, if their identities
or reasons for violence are revealed. This disad- Discriminatory and insensitive services reinforced
vantage, as the research shows, prevented many the overall prejudiced treatment that LBT victims
victims from seeking services from hospitals, of violence already experienced. This kind of
emergency clinics, counseling centers, or shelters treatment and inadequate support to LBT people
for domestic violence victims. who were already in crisis made these situations
much more egregious because it increased the
When we asked respondents what kind of help victims’ vulnerability and their experience of defeat
they sought when they experienced violence, and isolation. As noted by several LBT people in
the first response was almost universally that Malaysia, Philippines and Japan, their negative
there was no help. Even where mainstream experiences from seeking help in the past discour-
services such as violence intervention programs aged them from doing so again in the future. It also
for women exist, LBT people said they experienced compounded the injury from the initial violence.
discriminatory and insensitive treatment. Some of the Japanese respondents who insisted that
For instance, LBT people in the Philippines “[s]eeking help from someone didn’t even come
reported a lack of LBT friendly and LBT to mind” may have instinctively understood that
sensitive staff at police stations and domestic being lesbian or bisexual or gender variant dis-
violence desks at hospitals. In Malaysia, LBT qualified a person from external support. To have
people stated that mental health professionals, this confirmed at a time of great need is a travesty.
doctors and gynecologists were “ill-equipped”
and that they did not have critical information Both secular and religious laws ended up
about LBT patients. In Pakistan, women’s shelter protecting State actors ... who abused their
programs set up specifically to assist women authority while carrying out their duties.
fleeing violence turned away lesbians in need
of emergency shelters for violence.64 In Japan,
LBT people in every country reported that they
mostly relied on themselves to deal with the
63 Worldwide, male homosexuality is prohibited and punishable violence in their lives. Daily coping mechanisms
under anti-sodomy laws in 76 countries lesbianism is illegal
included normalization of the violence (e.g.,
in about 30 countries. Non-conforming gender behaviors are
criminalized under wide-ranging laws, frequently categorized as ignoring, downplaying, and pretending to “accept”
public order laws or morality laws, such as vagrancy laws, anti-cross the violence as normal in a world where non-
dressing laws, and impersonation laws. The risk of criminalization conforming sexual orientation, gender identity
under State law is compounded by the risk of being sanctioned and gender expression were not tolerated). Coping
under State-endorsed religious law, such as provisions in Sharia methods for family violence included avoiding
or Islamic law, which also carry heavy if not heavier penalties.
family gatherings, daily self-isolation to minimize
See “State-Sponsored Homophobia: A world survey of laws:
Criminalisation, protection and recognition of same-sex love,”
International Lesbian Gay Bisexual Trans and Intersex Association,
May 2013, http://old.ilga.org/Statehomophobia/ILGA_State_
benefits and are legally recognized as a third gender category,
Sponsored_Homophobia_2013.pdf and http://ilga.org.
but there are no laws in Pakistan to protect and legalize
64 Pakistan’s hijras and khwajasaras are legally eligible for welfare lesbians and bisexual women.
40 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
interactions with family members, and using humor LBT people. Some of the effects of violence were
to deflect verbal denigration. Some survivors of evident across all the research countries.
violence coped by playing sports; escaping into
books and films, prayer and spiritual practices; In Japan, LBT people reported: attempting
disclosing the violence to friends; or forming LBT suicide, having suicidal thoughts, self-harming
social networks. Several respondents in Sri Lanka behaviors, depression, flashbacks, chronic physical
also reported that despite the violence, they still pain and illnesses, substance addiction, insomnia,
felt strong and proud of themselves. self-blame, loss of confidence, low self-esteem,
broken friendships, loss of social contacts, isolation,
The research did present some hopeful reports dropping out of school, inability to complete
from LBT individuals in Sri Lanka and Malaysia education, job loss, eviction, and difficulty finding
who indicated that where possible, they “sought housing.
solace or guidance” from women’s or LGBT
support groups, friends, counselors and psycho- In Malaysia, LBT interviewees reported: attempt-
therapists in the feminist community, or feminist ing suicide, excessive drinking, drug use, isola-
movements. In the Philippines, a few transgender tion, falling behind in school, being expelled or
women reported that their first positive experience experiencing other disruptions to their education,
of support came from school guidance counselors. physical injuries, and persistent nightmares.
Not all LBT people passively accepted the violence. In Pakistan, LBT people reported: low morale,
Some reported fighting back. In Pakistan, a depression, helplessness, extreme anger and sadness.
bisexual woman, sexually violated by strangers in
public spaces, said she would “turn around and In the Philippines, LBT respondents reported:
hit” the perpetrators. In Sri Lanka, some lesbians sadness, clinical depression, fear of rejection, fear of
facing family violence argued back when family relationships, self-doubt, self-blame, despair, anger,
members verbally and emotionally violated them, paranoia, hyper vigilance, combativeness, and
even if this did not stop the violence. aggression towards themselves and their partners.
Being victimized also catalyzed some survivors of In Sri Lanka, LBT interviewees reported: depression,
violence to become interventionists, for example: anxiety, anger, frustration, fear, self-hatred, self-blame,
speaking out on behalf of another family member sadness, self-harming behaviors, attempting suicide,
who was being sexually violated in the family; suicidal thoughts, feeling paralyzed because of
initiating group action to negotiate with school violence, dependence on anti-depressants, and
authorities about hair length for transgender students; psychosomatic problems like eczema, substance
advocating with an employer for transgender abuse, and chain smoking.
toilets; publishing a manual on how to protect
LGBT people from discrimination; using social Also, in Japan and Sri Lanka, media reports of
media to protest violence and mobilize support LBT suicides linked the deaths to experiencing
for victims; and fighting religious condemnation emotional violence and family violence. What
with the religious conviction that “god is a just this also revealed was the high cost of State failure
god” and accepts LBT people. to ensure safe living conditions for people with
non-conforming sexual orientation, gender identity
Personal coping methods, inner strength, and and gender expression. A high number of suicides,
acts of resistance were clearly a testament to the as reflected in this research, were preceded by
resiliency of LBT people. However, our research multiple types of discrimination – and conse-
also revealed the enormous human cost of violence quently, violence – against the person based on
on the basis of sexual orientation, gender identity their intersecting identities (e.g., their class, economic
and gender discrimination. The following list status, education level, religious and ethnic back-
shows the long-term impact of violence against grounds, in addition to them being LBT).
Cross-Country Analysis 41
partners, and in some instances co-workers
CONCLUSIONS (e.g., in Japan). Transgender interviewees who
unhesitatingly identified derogatory name-calling
STATE PROGRAMS ON and sexualized insults against them on the streets
as verbal violence were reluctant to categorize or
GENDER-MOTIVATED VIOLENCE name the same actions as verbal violence when
OVERLOOK LBT PEOPLE they occurred in their homes.
The findings on family violence prompt the
On the surface, it seemed that this refusal to
following conclusions about violence against LBT
attach “violence” and “perpetrator” to violence in
people in the private sphere:
the private sphere was tied to filial loyalty, duty,
1. Violence against LBT people in the private and the need to protect family from outsider
sphere is not recognized as a serious problem. judgment and criticism. However, there could be
other more complicated reasons. Some lesbians
2. Family violence against LBT people is
in Japan felt somehow responsible for the violence
justified by and blamed on the victims’
because it was triggered by their non-conformity.
non-conforming sexual orientation, gender
Some lesbians in Pakistan and Malaysia had
identity and gender expression.
internalized the religious condemnation of
3. LBT children and youth are neglected when parents and religious institutions to the extent
mechanisms and programs are developed to of wanting to revert to leading heteronormative
address violence against children. lives. These individuals experienced the violence
as understandable and their need to conform as
4. LBT people are overlooked and forgotten
an obligation to family and religion. Lesbians in
when the State and NGOs implement
Sri Lanka and Pakistan, knowing that their sexual
measures to stop gender-motivated family
orientation and gender expression were illegal
violence against women.
and stigmatized, struggled with self-hatred. They
5. Links are not being considered between rationalized the violence they experienced as
homophobia, transphobia and gender-based somehow justified for bringing disharmony and
violence. inconvenience to their families due to the shame
associated with having an LBT family member.
42 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
LBT people increased the likelihood and
LACK OF ACCOUNTABILITY severity of hostilities towards LBT people
The findings showed lack of due diligence in by members of public – with little conse-
preventing and punishing violence against LBT quence to perpetrators.
people, and failure to provide an environment
conducive to them living violence-free lives.
These trends more than likely influenced how
This lack of accountability was inconsistent
LBT people were treated by their families.
with the international treaty agreements that
Japan, Malaysia, Pakistan, Philippines and Sri
Expecting the State to be accountable and exercise
Lanka have all signed. 66 Further, there was
due diligence in compliance with international
evidence of State impunity contributing to a
commitments is critical for stopping violence
culture of impunity within families. Levels of
against LBT people. However, this must be
violence directed at LBT people were linked to
accompanied by stronger community capacity
the State’s views and positions on sexual rights
for sustainable and supportive interventions, as
and gender non-conformity. Three trends in the
part of civil society accountability to marginalized
research showed this:
communities. It should not be the expectation
1. Where government policies were incon- that individual victims need to be self-reliant and
sistent regarding LBT rights, this lack resilient to deal with violence on their own while
of consistency tended to facilitate the waiting for State action to reduce violence for all
escalation of discrimination into discrim- people – those who are female-bodied, gender
inatory violence. variant, cisgender women and men, lesbian, bisex-
ual, asexual, heterosexual, single, coupled, married
2. The greater the influence of religiously based
or familied.
(or expressed) homophobia and transphobia
on State policy, the higher the possibility
and frequency of violence linked to visibility LACK OF ACCESS TO REDRESS
of non-conforming gender expression and
Criminalization, stigmatization and discrimi-
sexual orientations.67
nation discouraged LBT people from seeking
3. Derisive public statements by government help for violence. Again and again, individual
officials and/or failure to publicly address testimonies revealed insensitive or exclusion-
discrimination and violence against ary encounters with healthcare professionals,
mental health professionals and NGOs. Seeking
legal redress was even more risky with Penal
Code restrictions in Malaysia, Pakistan and Sri
66 All five of the research countries have ratified the CEDAW
Convention. However, it is only since 2010 that LBT
Lanka that severely penalized same-sex sexual
groups and women’s groups in Malaysia, Sri Lanka, Japan relations. People with non-conforming gender
and Philippines have used this Convention to advocate expression were also particularly vulnerable for
protections from violence. The impetus for this is most criminalization under new laws to curb “gender
likely Recommendation 28 on the core obligations of States impersonation” (i.e., in Sri Lanka and Malaysia).
that includes lesbians as a vulnerable group. The research
Religious laws in Malaysia and Pakistan added
countries have also ratified the Convention On The Rights Of
The Child. In addition, Japan, Philippines and Sri Lanka have
another layer of surveillance and penalties,
signed the International Covenant on Civil and Political Rights. stripping away access to redress for LBT people
These treaties explicitly name sexual orientation (and gender who were subject to sharia law.
identity in some) as a protected category.
67 Including verbal hostility; physical attacks in public spaces, Both secular and religious laws ended up pro-
harassment and violence, including sexual assaults by tecting State actors, in particular, religious
police and religious officers; and school violence where LBT officers working for State-established insti-
youth face physical, verbal even sexual harassment, and tutions, vice officers, and police officers who
expulsions.
Cross-Country Analysis 43
abused their authority while carrying out their professionals (in Malaysia and Sri Lanka) stood
duties. These State actors went so far as to break out as champions for being available to LBT
the law themselves, by mistreating individuals people, which further highlighted the crisis
with harassment, intimidation, physical and of need for trustworthy, LBT-sensitive services,
verbal humiliation, extortion and sexual ad- including: emergency housing; family interventions;
vances. These behaviors signal an acceptance counseling; legal advocacy; medical interventions;
and normalization of human rights violations and even faith-based support to counter the
against LBT people by the State. It reinforces for damaging impact of using religion to spread
those experiencing violence in both the public community intolerance and hate, including
and private spheres that they have to silently self-hatred.
bear “dehumanizing harm” against a backdrop of
“punitive and discriminatory legal frameworks”68 The most tragic example of the cumulative
with only themselves (i.e., personal resilience) impact of violence and discrimination was
and their friends to turn to for solace. documented in Japan when one of the interviewees,
a transgender man, killed himself during the
research.
SURVIVORS AT GREAT COST
These situations perhaps demonstrate how country
Over half of the LBT interviewees in the context makes a difference in how individuals are
Japan study said that they had “considered able to respond to violence.
suicide.” ... In Sri Lanka, one-third of the
LBT interviewees reported that they at-
tempted suicide.
44 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
RECOMMENDATIONS
Regardless of the different legal systems in Japan, Malaysia, Pakistan, Philippines and Sri Lanka, and taking
into consideration differences in religion, inherited colonial legacies, human rights advances or setbacks,
and strength of civil society movements in the respective countries, IGLHRC joins the research partners in
recommending the following.
GENERAL RECOMMENDATIONS
Th
e State must take responsibility for ensuring an environment that is supportive of all and
not only some women’s rights.
The State must exercise due diligence in preventing violence and promoting the safety and
dignity of all marginalized and vulnerable populations – ethnic minorities, people with
disabilities, indigenous communities, religious minorities, including sexual minorities and
non-conforming gender minorities.
Although LBT people are constitutionally assured of equal protection of the law, in practice
there are no legal protections on the grounds of sexual orientation and gender identity.
Legislation prohibiting particular kinds of gender-motivated violence (e.g., domestic violence,
intimate partner violence, forced marriage, rape) must extend protections and redress to
LBT people. Anti-discrimination legislation must include sexual orientation and gender
identity as protected categories.
TO GOVERNMENT
• Prohibit discrimination on the basis of sexual orientation, gender identity and gender expression.
• Decriminalize consensual, adult same-sex relations between women and between men.
• Remove laws that unfairly and disproportionately target people with non-conforming gender for
criminal penalties.
• Denounce the use of religious discourse to promote stigma, violence and discrimination against
lesbians, bisexual women, and people with non-conforming gender identity and gender expression.
TO NATIONAL HUMAN RIGHTS INSTITUTIONS
• Investigate and document violence against LBT people.
• Ensure that complaint mechanisms and reporting procedures are safe and do not subject LBT people to
family, community and State recriminations (including criminalization).
• Recommend preventative and reparative actions to redress violence against LBT people.
• Report violence and discrimination against LBT people to relevant United Nations entities.
Cross-Country Analysis 45
TO CIVIL SOCIETY
• LBT groups must inform themselves about the international treaties that their governments have
ratified and learn how to use the UN processes to advocate LBT rights.
• Women’s rights NGOs and human rights NGOs must visibilize violence and discrimination against
LBT people.
DETAILED RECOMMENDATIONS
EXECUTIVE BRANCH
• The government at the highest level must send a clear message that it does not tolerate or condone
intolerance, prejudice, discrimination and violence against LBT people.
• The government must direct all ministries and State institutions to take immediate measures to prohibit
discrimination on the basis of sexual orientation, gender identity and gender expression.
• Law and policy reform must be accompanied by State funding for awareness training (e.g., counselor
training to assist LBT victims of physical assaults, sexual assaults, rape, teacher training for human
rights instruction, police training, judicial training).
LEGISLATIVE BRANCH
• Parliament must amend or adopt laws to penalize violence against LBT people in the public sphere (by
State and non-State actors) and in the private sphere (by non-State actors, including private individuals).
• Parliament must remove laws that criminalize consensual, adult same-sex relations between women
and between men.
• Parliament must amend laws that unfairly and disproportionately target LBT people for criminal penalties.
• Parliament must amend or adopt laws protecting children from family violence to recognize that children
with non-conforming sexual orientation, gender identity and gender expression are also vulnerable to
family violence.
• Parliament must amend or adopt laws prohibiting rape, domestic violence and intimate partner violence
to extend protections to LBT people.
• Parliament must amend or adopt laws on sexual harassment in the workplace to expand definitions that take
into consideration sexual orientation, gender identity and gender expression as grounds for sexual harassment.
MINISTRY OF EDUCATION
• The Ministry of Education must address violence and discrimination in schools and universities
(e.g., issue directives to end bullying, discriminatory punishments, suspension, expulsion, forced
psychological counseling or “reparative” therapies that are meant to “convert” students with non-
conforming sexual orientation, gender identity and gender expression).
• The Ministry of Education must ensure that all primary and secondary school curriculum incorporates
human rights instruction. This curriculum must promote respect, diversity, plurality, and equality for
LBT people.
• The Ministry of Education must require teacher training for primary and secondary teachers and
principals on how to teach human rights to primary and secondary school students. The training must
46 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
prepare teachers and principals to promote respect and civic-mindedness towards all marginalized and
vulnerable communities, including LBT people.
LAW ENFORCEMENT
• The National Chief of Police must initiate immediate steps for police training in all jurisdictions on
how to incorporate human rights standards into law enforcement, including good practices on responding
to violence against LBT people, and treatment of LBT people in custody.
• Women’s desks at police stations must include an LBT advisor or focal point to ensure proper
implementation of good practices and LBT sensitivity standards.
JUDICIARY
• Judges must be trained in international human rights standards relating to sexual orientation and gender
identity (e.g., CEDAW, ICCPR, ICESCR and CRC Principles and Recommendations, Yogyakarta Principles).
• Where possible, judges must reference (incorporate in their rulings) treaty body recommendations on
sexual orientation and gender identity that are relevant to their State. Judiciaries (i.e., high courts, appeals
courts, constitutional courts) can set the tone for domestication of international treaty agreements.
Cross-Country Analysis 47
• The NCHR and NCW must incorporate LBT people’s concerns in their shadow reports for the Universal
Periodic Review and UN treaty body monitoring processes.
GENERAL RECOMMENDATIONS
The State must raise awareness in families on how to be supportive of LBT family members.
The State must raise awareness about the impact of violence in the private sphere that LBT
people experience while facing violence and discrimination outside the home, and possibly
isolated from support and community.
DETAILED RECOMMENDATIONS
MINISTRY OF WOMEN AND CHILDREN AND SOCIAL WELFARE MINISTRY
• Respective government ministries focused on the Millennium Development Goals must include vio-
lence and discrimination against LBT people as barriers to eradicating poverty, achieving gender equal-
ity, ensuring universal healthcare, and universal primary education for women and girls. Deliverables
must integrate LBT needs and concerns.
• Respective government ministries must include same-sex families in their focus on family matters.
• The Ministry of Women and Children should hold hearings on the effects of violence within the family
on LBT people (e.g., how violence impacts LBT mental health, education, poverty reduction) as part of
their work on ending violence in the private sphere (such as domestic violence).
MINISTRY OF HEALTH
• The Ministry of Health must develop training materials to sensitize mental health professionals on LBT
issues based on up-to-date, internationally credited scientific information, and must implement training
programs to ensure these concerns are understood.
• The Ministry of Health must provide training and resources for mental health practitioners (counselors,
therapists) so they are better able to recognize signs of family violence and better trained to support and
assist LBT family members as well as parents with LBT children.
• The Ministry of Health must adopt and implement guidelines on non-discrimination based on sexual
orientation, gender identity and gender expression. Health care providers who discriminate against LBT
people should be subject to disciplinary proceedings.
GENERAL RECOMMENDATIONS
The State must comply with international treaties that it ratifies and live up to international
agreements it makes such as the Beijing Platform for Action – to remove obstacles from both
the public and private spheres that prevent all women (female bodied, gender variant, lesbian,
bisexual) and female-to-male transgender men from enjoying violence-free lives.
48 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
DETAILED RECOMMENDATIONS
EXECUTIVE BRANCH
• The government must abide by recommendations made during the Universal Periodic Review and by
treaty bodies. As part of this process, it must engage with civil society about LBT concerns and needs.
• The government cannot engage in threats to prevent civil society reporting to UN mechanisms as this
violates international standards on human rights.
• The government must decry the use of religion or culture as justification for violence and discrimination
against people on the basis of non-conforming sexual orientation, gender identity and gender expression.
• The government must ensure that religious leaders or State officials do not promote intolerance and
stigmatization against LBT people of that faith and LBT people in general. Public denouncement must
follow when this standard is violated.
• The government must ensure peaceful freedom of expression, freedom of opinion and exchange of
information about LBT health and bodily rights, freedom of association, and freedom of assembly.
GENERAL RECOMMENDATIONS
State actions must be accompanied by stronger community capacity for sustainable and
supportive interventions, as part of civil society accountability to vulnerable communities. It
should not be the expectation that individual victims need to be self-reliant and resilient to deal
with violence on their own while waiting for State action to reduce violence.
Civil society groups must confront their attitudinal barriers about same-sex partners, lesbians,
bisexual women, transgender women and transgender men, and generally anyone with non-
conforming gender expression.
Cross-Country Analysis 49
DETAILED RECOMMENDATIONS
NON-GOVERNMENTAL ORGANIZATIONS (NGOS) AND COMMUNITY BASED ORGANIZATIONS (CBOS)
• NGOs and CBOs must ensure that their educational materials and/or hotlines for domestic violence, inti-
mate partner violence, or child abuse include information about violence directed at LBT family members.
• Women’s NGOs and CBOs must provide counselor training to ensure inclusive, sensitive and supportive
services to LBT victims of violence (such as physical assaults, sexual assaults, rape).
• NGOs and CBOs focused on women’s rights, LGBT rights, children’s rights, human rights and sex worker
rights must ensure that their counselors are trained on how to recognize signs of family violence and mani-
festations of this violence against LBT youth and adults.
• NGOs and CBOs focused on issues relating to families, women and children must be better trained to sup-
port and assist LBT family members as well as parents with LBT children.
• NGOs and CBOs providing legal aid services must be informed about the laws affecting LBT people and be
better trained to assist LBT victims of violence in need of legal redress (e.g., court advocacy) or other kinds of
advocacy involving State violence (e.g., by police, immigration, hospital, social welfare, government employer).
• Civil society groups in general must raise awareness about the impact of family and intimate partner violence
that LBT people experience while facing violence and discrimination outside the home, when they are at risk
of being isolated from support and community.
GENERAL RECOMMENDATIONS
The media and places of worship often serve as venues for public debate on laws and issues relating
to LBT people (e.g., repeal of sodomy laws, same-sex relationships, non conforming gender, public
morality, human rights). Do not use these spaces to encourage discrimination.
DETAILED RECOMMENDATIONS
MEDIA
• LBT groups must develop culturally relevant media training materials and be trained on how to engage
potential media allies to challenge homophobia, transphobia and violence.
• Media must challenge discriminatory or hateful reporting about LBT people within their own institutions.
• Reporting on how a State has been reviewed by the UN (during its Universal Periodic Review or CEDAW
review) is an opportunity for LBT groups to educate the media about positive steps the government has
taken, government’s failure to meet international obligations, or if the state misrepresented the truth about
conditions facing LBT people.
FAITH LEADERS
• LBT-friendly faith, and traditional community leaders must attend or participate in public events on
LBT issues to show support and strengthen their messages, countering the misuse of religion to spread
hate, violence and discrimination.
• LGBT groups must identify religious allies and empower/educate them to publicly denounce violence
and discrimination against LBT people in the name of religion.
50 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
threats (those who were opposed for personal or
APPENDIX A: RESEARCH professional reasons to non-conforming gender and
sexual orientation). Stakeholder questionnaires also
METHODOLOGY gauged awareness of LBT issues and needs.
Interview protocols included guidelines for
APPROACH TO RESEARCH getting informed consent, identifying safe
interview locations, doing a proper “wrap-up”
The approach to this research was collaborative,
before concluding each LBT interview, offering
careful, and led by the needs, perspectives and
respondents the chance to express how they felt
concerns of the partnering Asian LBT groups.
about the interview, and providing interviewers
Core research tools, which IGLHRC developed,
the opportunity to offer follow-up support such
were closely reviewed for usability, cultural
as information about LBT-friendly and trusted
sensitivity, and appropriateness of language
counseling, legal or support group services that
(i.e., terminology, phrasing, definitions of sexual
were aware of the project and available to provide
orientation and gender identity). Documenters
needed interventions. Interviewers themselves
were primarily LBT people – a few of whom were
were strongly discouraged from providing
gay cisgender men. The majority of documenters had
counseling or giving the impression that they had
gone through their own experiences of violence in
counseling expertise.
the past. Some teams asked non-LBT allies such as
feminist human rights advocates or human rights
Country partners tested the final draft of the
lawyers to conduct interviews with stakeholders.
LBT questionnaire with the understanding that
For most LBT interviewees, the documentation
research team coordinators could adjust the
process was eye-opening, as many had not named
questionnaire after documentation was underway.
their experiences as violence and were unaware
Questionnaires were translated from English to
of their rights. Many also were breaking silences
the languages of partnering countries. English
for the first time and saw their participation in
language interviews were also conducted in Sri
the project as part of a collective effort to expose
Lanka, Philippines, Malaysia and Pakistan.
the violence and improve support services for
LBT people.
Each country team agreed to conduct a minimum
of 50 LBT interviews and 40 stakeholder interviews,
RESEARCH DESIGN including human rights NGOs/women’s advocates,
mental health providers, medical professionals,
The core research tools for this project included
lawyers and religious leaders, employers, educators,
one long qualitative semi-structured question-
members of media, and government officials
naire for interviews with LBT people,69 and nine
(e.g., parliamentary ministers, human rights
shorter qualitative semi-structured questionnaires
commissioners, representatives of local police
for shorter interviews with stakeholders. Stake-
forces, etc.).
holders were identified with the intention that the
research would help tease out potential allies (those
LBT interviewees were selected through snowballing
who already were or could become support systems
recruitment, which involved conducting outreach
for LBT people experiencing violence) and potential
to LBT networks, personal contacts, and LGBT
organizations. Stakeholder interviewees in the
69 Some documentation teams found that they were the first people public sphere (e.g. with mental health practitioners,
that LBT respondents were talking to about the issues in this educators, government officials) were approached
research. Interviewers at first decided to allow respondents to through formal requests.
talk freely and for as long as they needed without interruption.
This resulted in interviews exceeding the two-hour limit agreed
Identification of LBT interviewees for the
to by the research regional group and IGLHRC. To cut down
on transcription time, most of the country teams began limiting semi-structured interviewees were not restricted to
questions on “coming out” and focused on narratives on violence. the prevailing identity-based categories (i.e., lesbian,
Cross-Country Analysis 51
bisexual, transgender or LBT), but also described Country coordinators selected their own translators
the activities, emotional state of being, and allowed and transcribers, prioritizing the following criteria:
for the use of self-descriptors. The country samples trustworthiness, professional skills and availability.
attempted to ensure representation along different Trustworthiness was critical to ensure that language
demographic criteria such as age, gender, ethnicity, translators could handle sensitive material without
religion, economic status, etc. breaking confidence while being comfortable
working on an LBT project and familiar with
concepts of violence. It’s worth noting that even
DOCUMENTATION PROCESS AND when IGLHRC made funding available so country
PROTOCOLS teams could hire qualified translators, for some
teams, security risks were too great (e.g., as
Recorded interviews70 were transcribed from the
one research coordinator said, “Money is not the
audio recordings and, where needed, translated
issue.”).72 These teams preferred known interlocutors
into English. English was the common language
who were not necessarily trained as translators but
between the different country research teams,
who were trustworthy and sensitive to the issues.
with the IGLHRC Asia staff coordinating this
project, and sometimes coordinating between
the in-country documenters and their team ETHICAL CONSIDERATIONS AND
coordinator.71
SUSTAINABILITY
The key ethical issues in this research were obtaining
70 All interviews were recorded on electronic devices with the informed consent and the confidentiality of the
consent of interviewees. The investigators/documenters were
participants’ identities. These were strongly
regularly coached and monitored to ensure the security of the
audio data, and the confidentiality of the interviewee’s identity.
emphasized in the initial documentation training
When an interviewee did not wish the interview to be audio- that IGLHRC conducted and the trainings
recorded, a second person was required to attend the interview subsequently delivered by country team coordinators.
as recorder (again, with the consent of the interviewee). The Confidentiality was not only mandated for ethical
second person recorded the interview as hand-written transcripts reasons but to minimize security risks from State
or detailed notes. If this option was also not possible, the
authorities, members of media, violators in families
interviewer took down handwritten notes (i.e., simultaneous
note-taking and conducting the interview). In this case, it was
and the interviewees’ communities.
essential that on completion of the interview, the interviewer
immediately recorded the interview in as much detail as The investigators made initial contact through
possible. For this project, interviews with LBT respondents were personal contacts or through members of the
primarily electronically recorded. Interviews with stakeholders local community or LBT organizations. They
were either recorded electronically or as hand-written notes,
introduced themselves and fully explained the
particularly in situations where stakeholders were reluctant or
fearful of supervisor and/or employer retribution, or concerned
objectives of the research. Informed consent was
about possibility that they themselves may be “outed” (sexual obtained by ensuring that all interviewees were
orientation or gender identity revealed inadvertently or without fully briefed on the kind of questions that they
permission) as LGBT. Electronic recording was suspended or would be asked, guaranteed confidentiality, and
not attempted with stakeholders when they became openly the option to exit from the interview process at
homophobic or transphobic, or only agreed to speak if there
any stage that they deemed was necessary. Inter-
was no recorder. When interviewees responded non-verbally
(gestures), documenters made notes in the transcripts/for
views were conducted in a place where it was not
transcribers to explain reasons or contexts for the non-verbal possible for anyone to overhear what is being said,
responses. Shortcut summaries of interviews were avoided.
52 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
or in any way identify the purpose of the meet- Each country team coordinator prepared an
ing. Safe times were identified, making sure that intervention strategy to be followed if respondents/
interviews were scheduled during the day or early interviewees were experiencing violence at the
evening hours. Interviews were conducted with time of the interview, experienced violence
one person at a time. Respondents’ identities were because of the interview, or were triggered by
not revealed or shared. recollections of violence for the interview and
needed counseling support. The strategy included
Data security was a critical concern and required identifying trustworthy mental health professionals
carefully planned and implemented procedures to who were trained LGBT-friendly counselors
ensure the confidentiality and integrity of the data and feminist psychologists who provided mental
collected. Multiple copies of audio and written health counseling sessions as needed, often at
transcript files were maintained (such as on flash little or no cost – with pro bono (voluntary
drives, external hard drives, and as hard copies), professional services) offered as their contribution
with security precautions taken for each. Each to LBT activism.74
country team coordinator decided if the different
storage devices were kept at different locations
or with different members of the research team
to minimize unauthorized access or harm to all
storage devices kept in the same location. All data
was backed up on external hard drives. Electronic
and hardcopies of completed, transcribed, En-
glish-translated interviews were sent as encrypted
files to IGLHRC for archival purposes. Data or
information about the identity of the interviewees
could not be shared with family members, partners
of the documenters, or partners of IGLHRC staff.
Cross-Country Analysis 53
ability to handle suffering caused by violence. LBT
APPENDIX B: people expressed a reluctance to rely on government-
funded programs or interventions to alleviate the
SUMMARY OF suffering caused by/impact of violence.
54 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
society,” urging parents to monitor “gay symptoms,” Lanka’s President, Mahinda Rajapaksa ordered the
and declaring that gay people in Malaysia should be halt of condom and lubricant distribution and a
sent to State-funded rehabilitation centers.77 special investigation on homosexual organizations
“as to how these organizations are surreptitiously
operating to destroy the culture, civility and morals
PAKISTAN of this country.”82 An email from LBT activists
In June 2011, the US embassy in Pakistan pub- describes the fallout from the State’s response: “The
licized an LGBT Pride event that it hosted at the environment has turned hostile and regressive
embassy in Islamabad, setting off a chain of angry towards NGOs and civil society in general… many
reactions from religious and political leaders across NGO’s have been forced to shut down and if they
major cities. Jamaat-e-Islami, the largest Islamist continue to operate they are compelled to reveal
group in the country, said that the embassy action information about their activities and sources of
was “social and cultural terrorism against Pakistan.”78 funds to the Ministry of Defense. Also, gay and les-
A mob belonging to this group surrounded the bian issues have faced intense scrutiny and negative
embassy and threatened recriminations.79 LGBT backlash causing a number of activists to flee the
guests at the embassy event and their social networks country or go underground. Media coverage has
of gay and lesbian individuals feared being hunted been very negative and destructive.”83
down by religious groups.80
Harmful impact of laws and policies: Malaysia,
Pakistan and Sri Lanka all still implement remnants
SRI LANKA of old British colonial law, including ancient Penal
In September 2011, the lead article in Rivira, a Sri Code provisions that broadly criminalize “sexual
Lankan newspaper, entitled, “Violating Sri Lanka’s acts against the order of nature” (anal and oral sex,
Penal Code: 24 Homosexual Centres to Open,”81 same-sex relations, and bestiality). These provisions
alleged criminal activity by homosexual organi- are often referred to as “sodomy laws” (see Appen-
zations receiving HIV funding. In response, Sri dix C) and subject violators to severe penalties.
In addition, Pakistan and Malaysia have sharia
or Islamic laws that also penalize homosexuality,
77 Anna Leach, “16,000 Parents and Teachers Told to Curb LGBT
cross-dressing, non-conforming gender expression,
Behavior in Malaysia,” Gay Star News, February 4, 2013, http://
www.gaystarnews.com/article/16000-parents-and-teachers-told- and any form of intimacy deemed to be “sexually
curb-lgbt-behavior-malaysia040213; Anna Leach, “Malaysian inappropriate” and therefore defying Islamic teach-
Deputy Prime Minister Says LGBT People Need Counseling,” ings (see Appendix C). The presence of a dominant
Gay Star News, April 5, 2012, http://www.gaystarnews.com/ religion and laws that criminalize homosexuality
node/1847; Anna Leach, “LGBTs Are Deviant Aspects of and transgenderism tend to create less protection
Malaysia Says Prime Minister,” Gay Star News, June 27, 2012,
for women in general and more risks for lesbians,
http://www.gaystarnews.com/article/lgbts-are-‘deviant-aspects’-
malaysia-says-prime-minister270612; Anna Leach, “Politician bisexual and gender variant people. Unlike in Japan
Calls For Gay Rehab Center in Malaysia,” Gay Star News, and Philippines, governments of Malaysia and Sri
March 22, 2012, http://www.gaystarnews.com/node/1613. Lanka also impose internal security (“anti-terror-
78 “US Embassy In Islamabad Accused Of ‘Cultural Terrorism’ For ism”) laws, which grants the police and security
Holding Gay Rights Event,” Fridae, July 4, 2011, http://www.fridae. forces broad powers to interpret and enforce laws,
asia/newsfeatures/2011/07/04/10982.us-embassy-in-islamabad-
accused-of-cultural-terrorism-for-hosting-gay-rights-event.
82 R ivira, September 9, 2011, pp. 6, http://www.rivira.
79 Peter J. Smith, “Pakistanis Denounce US Embassy’s Gay Rights
lk/2011/09/11/janaindex.htm.
Party as ‘Cultural Terrorism,” Life Site News, July 26, 2011,
http://www.lifesitenews.com/news/pakistanis-denounce-us- 83 Email received from WSG, July 9, 2013. Also see “Coalition for
embassys-gay-rights-party-as-cultural-terrorism/. Sexual Rights Joint UPR Submission Sri Lanka 2012,” CREA,
Equal Ground, The Sexual Rights Initiative and The Women’s
80 IGLHRC conversation with O, Pakistan on July 19, 2011.
Support Group, November 2012, http://lib.ohchr.org/HRBodies/
81 S inhala language online newspaper, Rivira, September 9, 2011, UPR/Documents/Session14/LK/JS10_UPR_LKA_S14_2012_
http://www.rivira.lk/2011/09/11/janaindex.htm. JointSubmission10_E.pdf.
Cross-Country Analysis 55
and also deny permits for even peaceful marches, Harmful impact of laws and policies: In the
rallies, and gatherings. Law enforcement agents use Philippines, there is no anti-sodomy law but
these laws to disperse crowds and detain people for several morality and public order laws – from
unnecessary questioning without due process. In anti-vagrancy to grave scandal laws – are used to
this context, LBT persons are particularly vul- target LBT people for police harassment, intimi-
nerable to physical, verbal and sexual violence by dation, arbitrary arrest and detention. Laws against
police, officers of state religious departments, and kidnapping, illegal detention and human traffick-
members of security forces. This not only denies ing (“crimes against liberty”) are misused against
LBT people their right to physical integrity and butch lesbians and transgender men when families
security, but also the right to freedom of expression, disapprove of their relationships, are not successful
the right to practice their religion, and the right in breaking up couples, or prevent them from elop-
to equal protection of the law. Raids of private ing. Catholic priests encourage families to reject
homes by religious officers and police bans of LBT and discriminate against LBT people, including
human rights events deny freedom of association their own children and siblings. The Philippines
and peaceful assembly, and constitute an invasion Catholic Church has successfully dissuaded the
of privacy. Philippines Congress from passing an LGBT an-
ti-discrimination bill for the last fourteen years.
PHILIPPINES
Compared to Malaysia, Sri Lanka and Pakistan,
CONTRADICTIONS BETWEEN
the Philippines to all appearances, struggles with NATIONAL AND INTERNATIONAL
fewer explicitly State-endorsed homophobic and
transphobic incidents of violence. In fact, the
COMMITMENTS
Philippines country chapter does not document On one hand, government promises made at the
State violence against LBT people as much as international level produced little or no advances
non-State violence. However, a 2011 joint stake- on LGBT equality at the national level. On the
holder shadow report84 for the UN Human Rights other hand, positive developments at the national
Committee’s review of the Philippines’ implemen- level were not consistent with UN positions on
tation of the International Covenant on Civil and sexual orientation and gender identity. Three
Political Rights (ICCPR), lists the state’s failure to striking examples of this occurred in Philippines,
address repeated violations of LBT people’s safety Pakistan, and Japan.
and security, including: the humiliating treatment
• Philippines: In 2011, the Philippines
of transgender women by state passport offices;
Supreme Court ruled that Ang Ladlad,
and several so-called jealousy-motivated killings of
an LGBT political party, had the right to
lesbians by men “resentful of their girlfriend’s re-
participate in national elections,86 striking
lationship with a lesbian.” One of these incidents
down the National Election Commission’s
involves multiple perpetrators and multiple ho-
earlier rejection of the group’s application on
micides where the suspects kill a woman and her
family because they are angered by her “reported
relationship with a lesbian.”85
Killers,” Inquirer, September 28, 2011, http://newsinfo.inquirer.
net/66815/police-hunt-zamboanga-del-sur-killers. For the full
84 “Human Rights Violations on the Basis of Sexual Orientation, report see “Human Rights Violations on the Basis of Sexual
Gender Identity, and Homosexuality in the Philippines,” Orientation, Gender Identity, and Homosexuality in the
IGLHRC and coalition partners, October 14-November 4, 2011, Philippines,” IGLHRC, October 10, 2012, http://www.iglhrc.org/
http://www.iglhrc.org/sites/default/files/569-1.pdf. Submission our-publications/reports/human-rights-violations-philippines.
to the 103rd session of the Human Rights Committee October
86 Elizabeth Yuan, “Philippines Gay Party On Ballot For The First
14-November 4, 2011.
Time,” CNN World, May 12, 2010, http://articles.cnn.com/2010-
85 A s footnoted in the Philippines 2012 ICCPR shadow report. 05-08/world/philippines.politics.gay_1_human-rights-danton-
See Hernan dela Cruz, “Police Hunt Zamboanga del Sur remoto-political-rights?_s=PM:WORLD.
56 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
grounds that it was immoral for promoting lated initiatives at the United Nations, as well
homosexuality.87 In 2012, Leila Delima, a top as the presence of Article 377 in the Pakistan
government official in the Philippines Justice Penal Code (the British colonial anti-sodomy
Ministry declared before the United Nations law) taken in conjunction with the presence
Human Rights Council that the Philippines of sharia penalties for sexual relations outside
would lead on LGBT rights in Asia.88 In heterosexual marriage.
2013, police sensitization trainings have been
• Japan: In 2012, for the first time, the
taking place across major cities in the Phil-
government of Japan opened a national crisis
ippines.89 Despite these positive events, the
telephone hotline for LGBT people92 and
Philippines government consistently abstains
extended the services of a national suicide
from voting on LGBT protections at the UN
network to LGBT youth.93 The government
and has refused for the past thirteen years to
of Japan also assented to all recommenda-
pass an LGBT Anti-Discrimination Bill.90
tions on sexual orientation and gender made
• Pakistan: In 2009, the Supreme Court of during the 2011 Universal Periodic Review
Pakistan ordered welfare benefits to be ex- by the Human Rights Council94 and the
tended to hijra and khwajasara (transwomen) 2013 recommendations of the Committee on
communities, and that a third gender legal Economic, Social and Cultural Rights (CE-
category be created – paving the way for SCR).95 Japan also consistently votes in favor
transwomen in Pakistan to stand for local of LGBT protections at the UN General
elections.91 It is difficult to predict what pos- Assembly. Yet, nothing has been done to hold
itive outcomes the Court’s rulings on third high profile Japanese politicians accountable,
gender rights will have on lesbian, gay and like the governor of Tokyo who publicly stig-
bisexual people in Pakistan when juxtaposed matized LGBT people in Japan and ignores
against the Pakistan government’s consistent Japanese and international LGBT demands
and vociferous opposition to any LGBT-re- for an apology.96 A National Human Rights
Commission has not been established.
Cross-Country Analysis 57
APPENDIX C: CURRENT LAWS THAT RELATE TO LBT
PEOPLE IN 5 ASIAN COUNTRIES
HOW IS VIOLENCE AGAINST WOMEN DEFINED? WHICH LAWS PROHIBIT VIOLENCE AGAINST WOMEN?
No national law in Japan No federal or national There is no national The Philippines Anti-Violence There is no national
explicitly prohibits vio- law in Malaysia explicitly law in Pakistan that Against Women and Their law in Sri Lanka that
lence against women. prohibits violence against defines or prohibits Children Act of 2004 (Republic explicitly prohibits
women. violence against Act 9262) refers to violence against violence against
Specific offenses such as women. women as a single or series of acts women.
Specific offenses such as against a woman who is the wife
stalking, rape and domes-
domestic violence and Specific offenses such of the perpetrator, former wife, or Specific offenses
tic violence are dealt with
rape are dealt with under as sexual assault and sexual or dating partner, or with such as spousal
under the Penal Code or
the Penal Code or the rape are dealt with whom he has a common child. violence and rape
separate laws relating to
law prohibiting spousal under the Penal Code. are dealt with under
these types of violence.
violence. http://www.lawphil.net/statutes/re- the Penal Code.
pacts/ra2004/ra_9262_2004.html
The Japan Act on the Prevention of Spousal The Malaysia Domestic Vi- There is no The Philippines Anti-Vi- Domestic violence
Violence and the Protection of Victims (Act olence Act enacted in 1994 law in Pakistan olence Against Women is not defined as a
No. 31) of 2001 defines domestic violence as and amended in 2011 on domestic and Their Children Act of separate offense. The
bodily harm by one spouse (illegal attacks, defines domestic violence violence. 2004 defines domestic Sri Lanka Prevention
threats, or words and deeds) that cause as the commission of violence as a separate of Domestic Violence
equivalent psychological or physical harm to the following acts against offense against a Act No. 34 of 2005
the other. The law applies to legally registered a woman or man by a woman and/or her child, limits definition of
marriages, annulled marriages (where divorce spouse, former spouse, or whether the child is domestic violence to
has been granted), and de facto state of any other family member: legitimate or illegitimate, offences in Schedule
marriage (not legally registered). willful threats of physical within or without the 1 of Chapter XVI of
injury, acts causing or family abode. Acts the Penal Code such
http://www.gender.go.jp/e-vaw/law/sv.pdf resulting in physical of domestic violence as grievous hurt,
injury, coercion, arbitrary include battery, assault, causing miscarriage,
Domestic violence includes stalking. The Anti-Stalk- confinement, and property coercion, harassment, etc. and emotional
ing Act (Act No. 81) of 2000 defines stalking as damage. The law is limited arbitrary deprivation of abuse which is
repeated acts against the same individual, which to married cisgender, liberty, stalking, etc., and defined in provision
violate the targeted individual’s “physical safety, heterosexual couples. resulting in physical, 23(b).
peace at home, or honor, or limits freedom of Children and incapacitated sexual, and psychologi-
movement, and are perpetrated against a male or adults are also protected cal harm, or suffering, or
http://www.
female spouse, cohabitant, or acquaintance, where under this law. economic abuse. documents.gov.lk/
the acts are carried out “to satisfy one’s grudge Acts/2005/Preven-
when the romantic feeling is not fulfilled.” Acts of http://www.agc.gov.my/ http://cedaw-seasia.org/ tion%20Act%20
stalking are: ambush, surveillance, telling someone Akta/Vol.%2011/Act%20 docs/DomestcViolenceL- No.%2034%20
they are being watched, unwanted repeated call- 521.pdf egislation of%202005/H%20
ing/ faxing/ emailing, and mailing objects meant 22927%20Preven-
to intimidate. tion%20(E).pdf
58 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
HOW IS GENDER-BASED VIOLENCE DEFINED? HOW IS GENDER DEFINED?
No law No law in Malaysia There are no The Philippines Magna Carta of Women (RA 9710) defines vio- Gender is not specif-
in Japan defines gender-based laws in Pakistan lence against women as any act of gender-based violence that ically defined in any
defines gen- violence. But the that define results in physical, sexual or psychological harm of suffering Sri Lankan law.
der-based Equality Clause gender-based to women, including threats, coercion or arbitrary deprivation
violence. (Article 8) of the Ma- violence. of liberty. This definition is similar to the Anti Violence Against
Some laws that
laysian Constitution Women and Their Children Act of 2004 (RA 9262). prohibit gender-
includes gender as based violence are
a prohibited ground http://www.lawphil.net/statutes/repacts/ra2009/ra_9710_2009.html laws against rape,
for discrimination. sexual abuse, traffick-
RA 9208, the Anti Trafficking in Persons Act of 2003 also covers ing, incest, and digital
http://www. gender-based violence. violence.
malaysianbar.org.
my/gender_issues/ Gender equality is defined in the Magna Carta of Women (RA
gender_equality_un- 9710) as the principle asserting the equality of men and women
der_article_8_hu- and their right to enjoy equal conditions realizing their full
man_rights_islam_ human potentials to contribute to and benefit from the results
and_feminisims_by_ of development, and with the State recognizing that all human
salbiah_ahmad.html beings are free and equal in dignity and rights.
The Japanese In 2011, the Malaysia Em- The Pakistan Protection Against RA 7877 or the Philippines Section 345 of the
Ministry of Health ployment Act was amended Harassment Of Women At The Anti Sexual Harassment Act Sri Lanka Penal
and Labor Ministerial to include provisions relating Workplace Act of 2010 prohibits of 1995 prohibits sexual ha- Code (Amend-
Ordinance regarding to sexual harassment in sexual harassment and provides rassment, which is defined ment) 22 of 1995,
Equal Opportunity employment settings. The a complaints mechanism for as a sexual favor made as a and Act 16 of 2006
and Treatment amendments have been re- sexual harassment in employ- condition in the hiring, em- prohibit sexual
between Men and jected “as significantly flawed” ment settings. Under this Act, ployment, re-employment harassment, which
Women in Employ- by civil society groups. sexual harassment is defined as or continued employment of is defined as “un-
ment (Ordinance No. “any unwelcome sexual advance, an individual; or the granting wanted sexual ad-
133) of 2014 defines In 1999 the Ministry of request for sexual favors, or other of favorable compensation, vances by word or
sexual harassment Human Resources drafted a verbal or written communication promotions or privileges; action.” Although
as “sexual remarks Voluntary Code of Practice or physical conduct of a sexual or when employee’s refusal sexual harassment
and acts that take on the Prevention and Eradi- nature, or sexually demeaning to grant sexual favor results is a punishable of-
place in workplace cation of Sexual Harassment attitudes, causing interference in limiting, segregating or fence, complaints
against worker’s in the Workplace, which with work performance, or classifying the employee in are rare. State/
will.” According to outlined employer responsi- creating an intimidating, hostile, a way that would discrim- public employers
the Act on Securing, bilities to ensure a safe and or offensive work environment.” inate, deprive or diminish have yet to put in
Etc. of Equal healthy working environ- Any attempt to punish an employment opportunities, place mecha-
Opportunity and ment. The Code of Practice individual for refusing to comply violate labor laws, or create nisms to address
Treatment between has not been included in with sexual requests or requests an intimidating, hostile, sexual harassment.
Men and Women amendments to the Malaysia that are made as a condition of offensive environment for Private companies
in Employment (Act Employment Act. employment are included in the employee. have sexual ha-
No. 113) of 1972 definition of sexual harassment in rassment policies
sexual harassment http://wao.org.my/file/file/ the workplace. http://ecop.org.ph/ but these are not
in the workplace is a Malaysian%20NGO%20 downloads/presentations/ implemented.
punishable offense. CEDAW%20Alternative%20 http://www.qua.edu.pk/pdfs/ march20/RA-7877-Anti-
Report%202012%206MB.pdf ha.pdf Sexual-Harassment-Law.pdf
Cross-Country Analysis 59
HOW IS SEXUAL ASSAULT DEFINED? WHICH LAWS PROHIBIT SEXUAL ASSAULT?
Covered under Covered under the Sections 354, 354A and 355 prohibit Covered under Phil- Categorized as grave sexual abuse
the Rape Law laws prohibiting sexual assault under the Pakistan Penal ippines Anti Rape and penalized under Sri Lanka
177 and Quasi rape and unnatural Code. Law of 1997. Penal Code (Amendment) 22 of
Rape Law 178 offences under the 1995, Para 365(b), which covers
of the Japan Malaysian Penal Definitions of sexual assault are as sexual acts that don’t fall under the
Penal Code. Code. follows: rape definition.
Article 177 of the Japan Section 375 (g) of Section 375 (v) of Article 266-A of the Philippines Anti Section 363 (e) of the
Penal Code prohibits the Malaysia Penal the Pakistan Penal Rape Law (RA 8353) of 1997 defines Sri Lanka Penal Code
sexual intercourse with a Code prohibits sex Code prohibits sexual statutory rape as sexual intercourse (Amendment) No.
girl below 13 years of age, with a girl under16 intercourse with a girl with a girl below 12 years where force, 22 of 2005 prohibits
where force, threats or years of age, with under age 16, regard- threat or intimidation are present but sex with a girl below
intimidation are present. or without her less of her consent. immaterial; the only subject of inquiry age 16 regardless of
consent. is the age of the woman and whether consent. The exception
http://www.cas.go.jp/ http://www.pakistani. carnal knowledge took place. is if the girl is over
http://www.agc.gov.
jp/seisaku/hourei/data/ org/pakistan/legis- 12 and married to a
my/Akta/Vol.%20 http://lexoterica.wordpress.
PC_2.pdf lation/1860/actXL- Muslim man (and not
12/Act%20574.pdf com/2011/07/20/june-2011-philippine-
Vof1860.html judicially separated
supreme-court-decisions-on-crimi- from him).
nal-law-and-procedure-2/
60 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
HOW IS RAPE DEFINED? WHICH LAWS PROHIBIT RAPE?
Articles 177 and 178 of Sections 375 and 376 of the Section 375 of the Republic Act No. 8353 Section 363 of the Sri
the Japan Penal Code Malaysia Penal Code prohibit rape, Pakistan Penal Code (Act or the Philippines Lanka Penal Code
(Act No.45) of 1908 which is defined as (penile vagi- XLV) of 1860 prohibits Anti Rape Law of (Amendment) 22 of
prohibit rape. nal) sexual intercourse performed rape, which is defined as 1997 prohibits rape, 1995 prohibits rape,
by a man against a woman against sexual intercourse with a which is defined as which is defined as
http://www.cas.go.jp/ her will, without her consent, and woman against her will any act of sexual (penile-vaginal) sexual
jp/seisaku/hourei/data/ where her consent was obtained and without her consent, assault where penis is intercourse that a man
PC_2.pdf under fear of hurt or death, or or where consent has inserted into another has with a woman
where her consent is obtained un- been obtained under fear person’s mouth or without her consent,
Article 177 defines rape der false pretext that the offender of hurt or death. anal orifice, or any if consent is obtained
as sexual intercourse is lawfully married to her, or where instrument or object, through force or threat
with a female not less she is unable to understand the http://www.pakistani.org/ into the genital or of harm or death to
than 13 years of age, nature and consequences of giving pakistan/legislation/1860/ anal orifice of another the woman, or if the
where her consent was consent, and/or where consent actXLVof1860.html person and under the man deceives her into
forced through assault is obtained by abuse of authority. following circum- thinking that he is her
or intimidation. Rape with an object or not involv- stances: through lawful husband. Rape
The above definition of
Article 178 defines ing penile-vaginal penetration is rape is based on the 2006 force, threat, or definition also applies
forcible indecency not considered rape by definition amended rape law under intimidation; when to divorced or judicially
or “quasi rape” as an but as an “unnatural offence.” the Women’s Protection the offended party is separated couples but
indecent act forced Act. Prior to that, rape was deprived of reason or not if the man is still
Section 377(c) of the Penal Code defined by the Hudood otherwise uncon- legally married to the
upon a male or female
prohibits carnal intercourse Ordinance of 1979, scious; by means of woman.
by taking advantage of
against the order of nature on enacted under former fraudulent machina-
loss of consciousness or
another person or persons (man tion or grave abuse http://www.aidscontrol.
inability to resist, or by President Zia-ul-Haq, and
or woman) without consent, of authority; when of- gov.lk/web/Web%20
causing a loss of con- carried a high burden
or against the will of the other fended party is under uploads/Policy%20
sciousness or inability of proof, requiring four
person(s), or by putting the other 12 or is demented. or%20Law/Penal%20
to resist; or sexual in- male witnesses in order
person(s) in fear of death or hurt. Code%20(Amend-
tercourse with a female to prove “fornication by
http://pcw.gov.ph/ ment)%20Act,%20
by taking advantage of force.” Absent this level
http://www.wccpenang.org/rape/ No.%2022%20of%20
a loss of consciousness of proof, a woman was law/republic-act-8353
law-on-rape/ 1995.pdf
or inability to resist, convicted for “adultery or
or by causing a loss http://wao.org.my/file/file/Malay- fornication with consent.”
of consciousness or sian%20NGO%20CEDAW%20Al-
inability to resist. ternative%20Report%202012%20 http://www.pakistani.
6MB.pdf org/pakistan/legislation/
Article 178 defines zia_po_1979/ord7_1979.
gang rape as above but html
perpetrated by two or
more persons.
Cross-Country Analysis 61
IS RAPE OF A SEX WORKER PROHIBITED? WHICH LAWS PENALIZE RAPE OF A SEX WORKER?
Theoretically, in Japan, rape of Sex work is criminalized There is no law There is currently no law in the Technically, in Sri Lanka,
a sex worker is covered under in Malaysia, which in Pakistan that Philippines, prohibiting rape of a rape of a sex worker is
Article No. 177 (anti rape makes it difficult for sex addresses sex sex worker. covered by the Anti-Rape
law) of the Penal Code but workers to report rape worker rape. Law but is hard to prove
is difficult to prove. In cases and seek legal redress. since the sexual relations
involving rape of sex workers, of sex workers are pre-
courts have ruled that “victims sumed to be consensual.
did not try hard enough to
avoid rape or fight back.”
The current Amended Section 375A of the Malaysia No laws in The Anti Rape Law (RA 8353) Section 363(a) of the Sri
anti-rape laws Penal Code prohibits marital rape, Pakistan prohibit should cover marital rape. Lanka Penal Code Amend-
of Japan do which is defined as “any man who marital rape. However, Article 266-C of ment No. 22 of 2005
not prohibit during the subsistence of a valid mar- the Philippines Anti Rape Law prohibits marital rape.
marital rape. riage causes hurt or fear of death or considers rape a pardonable Under this law, marital
hurt to his wife in order to have sexual offense where “the criminal rape is limited to and
intercourse with his wife.” However, an act can be extinguished” if the recognized only in cases
exception to the marital rape amend- perpetrator is the husband and of judicial separation and
ment remains in Section 376, which there is forgiveness by the wife.” not in cases where the
states, “Sexual intercourse by a man Rape is recognized and as such marriage is still currently
with his own wife by a marriage which prohibited when the marriage is legal. The law does not
is valid under any written law for the void ab initio. apply to de facto couples
time being in force, or is recognized in (i.e., marriage is not
Malaysia as valid, is not rape.” http://www.chanrobles.com/ legally registered).
republicactno8353.htm#.
http://wao.org.my/file/file/Malay- UuCWKrSIbcc
sian%20NGO%20CEDAW%20Alterna-
tive%20Report%202012%206MB.pdf
62 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
IS FORCED MARRIAGE PROHIBITED? WHICH LAWS PENALIZE FORCED MARRIAGE?
There are no laws in Japan that Except for the legal By Presidential Order of No law on the books Marriage below age 18
criminalize forced marriage. How- age of marriage, 2011, forced marriage has prohibits forced mar- is considered void ab
ever, Article 24 of the Constitution of there are no been prohibited and is riage. However, Article initio for non-Muslims
Japan states that marriage is based laws prohibiting now a punishable offense 2 of the Philippines in Sri Lanka. Except
on mutual consent by both sexes. forced marriage in under the Pakistan Penal Family Code of 1987 for the age condition,
Malaysia. Code. This reverses the states that one of the forced marriage is not
http://www.kantei.go.jp/foreign/ 1979 Hudood Ordinance, requisites of marriage penalized as such.
constitution_and_government/ which repealed the Penal is consent, and that
frame_01.html Code and permitted forced consent must be given
marriage under sharia law. in the presence of the
Article 742 of the Civil Code (Act No solemnizing officer.
89 of 1896, enacted in 1898) states http://www.na.gov.
that marriage is void “if one of the http://www.wedding-
pk/uploads/docu-
parties has no intention to marry satwork.com/culture_
ments/1329729400_262.pdf
due to mistaken identity or other laws_familycode01.
cause.” shtml
WHAT IS THE AGE OF SEXUAL MAJORITY? IS IT DIFFERENT FOR GIRLS AND BOYS?
Article 731 of the Japan Civil Malaysia has a dual legal system. The age of sexual majority RA 6809 of the Phil- Age of consent
Code stipulates that marital Section 10 of the Malaysia Law Reform in Pakistan is confined to ippines Family Code in Sri Lanka is
age is 16 for girls and 18 for Marriage And Divorce Act of 1976, consent within cisgender, lowered the age of 16 for girls and
boys. states that non-Muslim girls in Malaysia heterosexual, legally regis- consent from age boys.
between the ages of 16 and 18 can tered marriage. 21 to 18 for both
http://www.japanese- marry with the licensed authorisation girls and boys. The Gross
lawtranslation.go.jp/law/ of the Chief Minister. Marriage for non The Majority Act of 1875 Indecency
detail/?ft=2&re=01&dn=- -Muslims under age 16 is prohibited. determines age of majority http://www.chan- provision of
1&yo=%E6%B0%91%E6%- or legal age for sexual con- robles.com/repub- Section 365(a)
B3%95&x=0&y=- Section 8 of the Islamic Family Law sent as 18 for both women licactno6809.htm#. of the Penal
0&ia=03&ky=&page=4 (Federal Territories) Act of 1984 states and men. UtzDFfawraY Code stipulates
that for Muslims, the minimum age of that age of
Under Article 176 of the Penal marriage is 16 years for girls and 18 for http://www.albarrtrust. Article 337 of the consent is below
Code, sexual age of consent is boys, with an exception that permits com/Al%20Baar%20Web/ Revised Penal Code 16 for boys
13 for both girls and boys, and Muslim girls and boys below these SCAN%20RULES/Major- indicates that sex havng same sex
forcible rape or acts of inde- ages to marry with the Sharia Court’s ity%20Act%201875.pdf with a woman relations if one
cency on girls or boys under consent. under age 18 is partner is over
age 13 are criminalized. The Child Marriage Restrain treated as a crime 18.
http://wao.org.my/file/file/Malay- Act of 1929 stipulates the of seduction if
http://www.cas.go.jp/jp/ sian%20NGO%20CEDAW%20Alterna- marital age as 18 for boys the partner is in a
seisaku/hourei/data/PC_2.pdf tive%20Report%202012%206MB.pdf and 16 for girls. position of authority,
Under Section 496B of such as a priest,
The Child Welfare Act states The Child Act of 2001 defines a child as household worker,
the Hudood Ordinance of
that anyone below age 18 is a person under 18 years of age. domestic worker,
1979, which is still in effect,
considered a child. guardian, teacher.
pre-marital and extra marital
http://wao.org.my/file/file/Malay-
sex are prohibited and pun-
http://eiyaku.hounavi.jp/ sian%20NGO%20CEDAW%20Alterna- http://www.
ishable, regardless of age of
taiyaku/s22a16401.php tive%20Report%202012%206MB.pdf ageofconsent.com/
consent.
philippines.htm
Cross-Country Analysis 63
ARE SAME-SEX SEXUAL RELATIONS EXPLICITLY CRIMINALIZED, AND IF SO, FOR BOTH MEN AND WOMEN, OR
ONLY FOR MEN?
Same-sex Section 377A of the Malaysia Penal Section 377 of the Pakistan In the Philippines, sex- Section 365A of the
relations are not Code criminalizes “carnal intercourse Penal Code criminalizes “carnal ual relations between Sri Lanka Penal Code
criminalized in against the order of nature,” which intercourse against the order of people of the same (Amendment) No. 22
Japan. is defined as “Any person who has nature,” which the state inter- sex is not prohibited of 2005 criminalizes
sexual connection with another prets primarily as anal sex and provided they do not same-sex relations for
person by the introduction of the bestiality (sex with an animal). violate provisions of both men and women.
penis into the anus or mouth of the This law applies to same sex the law that prohibit
other person.” relations between men and violence and force http://www.aidscontrol.
between women, where pene- that amount to sexual gov.lk/web/Web%20
Religious (sharia) law also crimi- tration can be established. assault, or sex in uploads/Policy%20
nalizes same sex sexual relations public, or sex under or%20Law/Penal%20
between men (liwat) and between There are no known prosecu- scandalous circum- Code%20(
women (musahaqah). Each of the 14 tions under Section 377. stances amounting to
states and Federal Territory of Kuala grave scandal, or sex Amendment)%20
Lumpur outline prohibitions and http://www.pakistani.org/ with a minor which Act,%20No.%20
punishment under different sections pakistan/legislation/1860/actXL- amounts to child 22%20of%201995.pdf
of their state’s sharia law. Vof1860.html. abuse.
Article 14 of the Constitu- Article 8 of the Malaysian Consti- Article 25 of the Article 3, Section 1 of Chapter 3, Article 12
tion of Japan states, “All of tution defines equality as “there Pakistan Constitution the revised Philippine (2) of the 1978 Con-
the people are equal under shall be no discrimination against declares equality and Constitution of 1987 stitution of Sri Lanka
the law and there shall citizens on the ground only of prohibits discrimina- states, “no person shall defines equality as “no
be no discrimination in religion, race, descent, place of tion, including on the be deprived of life, lib- citizen shall be discrim-
political, economic or social birth or gender in any law or in basis of sex. erty, or property without inated on the grounds
relations because of race, the appointment to any office due process of law, nor of race, religion,
creed, sex, social status or or employment under a public http://www.pakistani. shall any person be language, caste, sex,
family origin.” authority or in the administra- org/pakistan/con- denied the equal protec- political opinion, place
tion of any law relating to the stitution/part2.ch1. tion of the laws.” of birth, or anyone of
http://www.kantei.go.jp/ acquisition, holding or disposition html#f32 such grounds.”
foreign/constitution_and_ of property or the establishing http://www.lawphil.net/
government/frame_01.html or carrying on of any trade, http://www.supreme-
consti/cons1987.html
business, profession, vocation or court.lk/images/sto-
employment.” ries/supreme_court/
constitution17th.pdf
http://www.agc.gov.my/images/
Personalisation/Buss/pdf/
Federal%20Consti%20(BI%20
text).pdf
64 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
DOES THE CONSTITUTION ALLOW FOR RELIGIOUS LAWS TO OVERRIDE SECULAR LAWS?
Article 20 of the The Malaysian Con- The Objectives Resolution annexed Article 2, Section 6 of the Sri Lanka
Constitution of Japan stitution states that all to the Constitution of Pakistan and Philippines Constitution has a dual
states, “No religious laws that contravene Article 277 of the Constitution stip- states that separation of legal system. The
organization shall the Federal Constitution ulate that all laws must comply and Church and State shall be Marriage And
receive any privileges “must be cancelled as align with the Quran and Sunnah inviolable. Divorce Muslim
from the State, nor the Federal Constitutions (practices of Prophet Muhammad). Act of 1951
exercise any political is the highest law of the http://www.lawphil.net/ allows Muslim
authority ... The State land.” However, Malaysia http://www.pakistani.org/pakistan/ consti/cons1987.html law to override
and its organs shall has a dual legal system. constitution/annex_objres.html secular law.
refrain from religious Sharia (Islamic) law The Presidential Decree
education or any other applies to all matters Article 277 (1) states “All existing 1083, also known as Code http://www.
religious activity.” relating to Muslims laws shall be brought in conformity of Muslim Personal Laws of srilankalaw.lk/
– marriage, divorce, with the Injunctions of Islam as the Philippines, stipulates revised-statutes/
http://www.kantei. religious observances, laid down in the Holy Quran and that where there is conflict volume-iv/728.
go.jp/foreign/consti- sexual relations, gender Sunnah, in this Part referred to as between secular laws and html
tution_and_govern- expression, marital age, the Injunctions of Islam, and no law Muslim Personal Laws, the
ment/frame_01.html etc. shall be enacted which is repugnant “latter shall be construed to
to such Injunctions.” carry out the former.”
http://www.pakistani.org/pakistan/ http://www.chanrobles.com/
constitution/part9.html. presidentialdecreeno1083.
htm#.UuCeErSIbcc
No laws in Japan No laws in Malaysia include No laws in Pakistan No federal law exists to spe- No laws in Sri Lanka
include or specifically or specifically prohibit vio- include or specifically cifically prohibit violence or include or specifically
prohibit violence and/ lence and/or discrimination prohibit violence and/or discrimination against LGBT prohibit violence and/
or discrimination on on grounds of SOGIE. discrimination on grounds people. However, there are or discrimination on
grounds of SOGIE. of SOGIE. local ordinances that do so grounds of SOGIE.
in the cities of Davao, Cebu,
Angeles, Dagupan, Bacolod
and Quezon City.
http://www.chanrobles.com/
article3.htm#.Ut-zH9Kwrbg
Cross-Country Analysis 65
WHICH EXISTING LAWS ARE USED TO TARGET LBT PEOPLE FOR DISCRIMINATION, INTIMIDATION, HARASSMENT,
AND/OR CRIMINALIZATION?
No laws in Japan are Section 377A of the Penal Under the Hudood Ordi- Article 46, Section 4 of Gross Indecency Law
used to target LBT Code criminalizes anal and nance of 1979, all sexual the Family Code of the under Section 365A of
people for discrimi- oral sex, and applies to activity outside heterosex- Revised Constitution of the Penal Code (Amend-
nation, intimidation, all people, but singles out ual marriage, regardless the Philippines of 1987 ment) No. 22 of 2005.
harassment, and/or same-sex sexual relations. of consent, is considered references homosexuality
criminalization. fornication, and as such and lesbianism in the list of Vagrants Ordinance of
Section 377D criminalizes automatically criminalized. circumstances for fraudulent 1842 penalizes public
“outrages on decency,” marriages. Article 55, Section loitering which is open
which is defined as “any Section 377 of the Pakistan to interpretation by po-
6 lists homosexuality and
person who, in public or Penal Code, which lice and tends to target
lesbianism as grounds for
private, commits, or abets criminalizes anal sex and sex workers, transgender
legal separation, and upon
the commission of, or bestiality applies to all people and/or anyone
annulment of marriage, the
procures or attempts to people but it is rarely used with non-conforming
homosexual spouse loses
procure the commission against heterosexual peo- gender expression.
right of inheritance from
by any person of, any act ple and instead is a threat Those arrested under
other spouse and loses right
of gross indecency with to people in same-sex this law are vulnerable
to any conjugal property.
another person.” relationships. There have to sexual harassment,
been no prosecutions un- http://filipinawives.com/ sexual abuse and
Section 21 of the Minor der this law. Section 377 mistreatment while in
FamilyCodePhilippines.htm
Offenses Act criminalizes is also used to coerce and detention, particularly
drunken and disorderly threaten transgender peo- Section 5 of RA 9048 low-income transgender
behavior in public places ple who are street beggars prohibits transgender and women and men, and
and is used to arrest and and/or sex workers, both transsexual individuals from low-income women
detain trans women. of whom are vulnerable to changing their first name or whose gender expres-
police abuse. sex on their birth certificates. sion is on the masculine
http://www.agc.gov.my/ spectrum.
Akta/Vol.%207/Act%20 http://www.tsphilippines.
336.pdf Section 399 of the
com/
Penal Code, which
Dangerous Drugs Act is RA 9208 or the Anti-Traffick- penalizes Cheating By
used to conduct raids on ing in Persons Law of 2003 Personation, targets
gay clubs and establish- is used to punish gay men women “disguised as
ments. clients of a sex worker. men” and trans women
for “misleading the
Sharia laws in each state http://www.lawphil.net/ public.” Personation is
are used to criminalize statutes/repacts/ra2003/ defined as pretending to
“male posing as woman” ra_9208_2003.html be some other person,
and “female posing knowingly substituting
as man,” liwat (sexual The expanded Anti-Traffick- one person for another,
relations between men) ing Law of 2012 broadens or misrepresentation.
and musahaqah (sexual police powers and is used
relations between women). by police to target premises
frequented by LGBT people
for arbitrary raids.
http://www.gov.
ph/2013/02/06/repub-
lic-act-no-10364/
66 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
JAPAN
STRIVING FOR DIGNITY
AND RESPECT
Experiences of Violence and Discrimination as
Told by LBT Persons in Japan
INTRODUCTION..........................................................................................................................................73
Summary of Findings..................................................................................................................................73
INTERVIEWEE DEMOGRAPHICS..............................................................................................................74
COUNTRY CONTEXT...................................................................................................................................74
The Family......................................................................................................................................................74
Women’s Rights............................................................................................................................................75
LGBT Rights....................................................................................................................................................76
MANIFESTATIONS OF VIOLENCE.............................................................................................................77
Emotional Violence by State Actors..........................................................................................................78
Emotional Violence by Non-State Actors................................................................................................78
Physical Violence..........................................................................................................................................78
Indirect Discrimination or Violence..........................................................................................................79
Direct Discrimination or Violence.............................................................................................................79
Invisibility as Violence..................................................................................................................................80
Sexual Violence.............................................................................................................................................81
Targeted as Women.....................................................................................................................................81
Sexual Violence by Family Members.......................................................................................................82
Intimate Partner Violence...........................................................................................................................82
WORKPLACE DISCRIMINATION AND VIOLENCE.................................................................................84
IMPACT OF VIOLENCE AND COPING METHODS................................................................................87
ACCESS TO REDRESS AND SEEKING HELP FOR VIOLENCE..............................................................90
LAWS AFFECTING LBT PEOPLE................................................................................................................91
RECOMMENDATIONS................................................................................................................................95
APPENDIX A: GLOSSARY OF TERMS.......................................................................................................97
APPENDIX B: METHODOLOGY................................................................................................................98
72 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
From November 2010 to March 2012, Japan
research team members interviewed 50 LBT
people about their experiences of violence. In
this research, “violence” referred to physical,
emotional or sexual violence. Discrimination,
which contributed to violence, was also included.
During outreach, we had to refrain from using
INTRODUCTION the term “violence” because it sounded too strong
to respondents and even to some of the team
members. In order not to scare people away, we
This research project was undertaken
explained the purpose of the research and listed
by Gay Japan News, a non-commercial violent acts to help people understand the focus
of the research.
online news source and advocacy group
with volunteer staff members, and the
Summary of Findings
International Gay and Lesbian Human
The most frequently experienced form of
Rights Commission (IGLHRC), a human
violence for our LBT respondents was emotional
rights non-governmental organization violence – 31 interviewees reported that they
were “hurt,” “stunned,” “unbearably injured,”
(NGO) with United Nations consultative
or “humiliated” by emotional violence, which
status. Gay Japan News received funding included being subjected to degrading words
about sexual orientation or gender identity, and
from the Global Fund for Women to
being forced to keep their identities invisible.
replicate the methodology in Japanese
Sexual violence was another prevalent form of
and carry out documentation. Prior to the
violence experience by 28 out of the 50 LBT
research, Gay Japan News had submitted respondents.
information based on interviews with
Perpetrators of violence were mostly non-state
stakeholders to the United Nations about actors. There were only three documented cases
of state actor violence in this research. This is
the human rights situation of lesbian, gay,
because most of our respondents were very careful
bisexual and transgender (LGBT) people about which state actors they “came out” to, or
to whom they disclosed their sexual orientation
in Japan. We lacked information about
or gender identity. Usually, coming out to state
direct LGBT experiences, especially actors was based on medical urgency or needing
to legally change gender.
experiences of violence against lesbian,
bisexual and transgender (LBT) people Almost all LBT respondents who experienced
violence went to self-help groups for people who
because documentation on this issue
identified as seku mai (a Japanese term for sexual
did not exist. This was the main reason and gender minorities). None of our respondents
who faced violence went to professionals like psy-
that we decided to take part in this
chiatrists, psychologists or lawyers because they
research project. did not expect to receive LBT sensitive help.
RUSSIAN
The Family
FEDERATION
CHINA
1 One interview with a transgender respondent had to be 3 “Annual Population and Social Security Survey (The National
stopped. The respondent had a flashback during the interview Fertility Survey),” Ministry of Health, Labor and Welfare (2010),
and could not continue. The respondent did not want to accessed February 21, 2013, http://www.ipss.go.jp/ps-doukou/j/
reschedule. doukou14_s/doukou14_s.asp.
74 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
name from going extinct. Equally significant, These developments on domestic and international
harmony in family relationships remains a priority levels heightened social awareness in Japan about
to Japanese people in the same way that harmony violence against women. In 2001, the Japanese
in society is seen as important. This “harmony” in government launched the national Campaign to
Japanese culture means that one does not bring End Violence Against Women, which was headed by
shame to other family members and one does not the Gender Equality Bureau of the Prime Minister’s
advocate for their individual rights. Advocating for Cabinet Office and renewed every year.8
one’s own rights and defying traditional roles and
family expectations can be considered selfish. Despite these positive steps, women’s human
rights in Japan are still taken lightly. The Japanese
government has failed to provide effective protection
and redress for women who are victims of violence
Women’s Rights and have failed to adequately prevent all women
from becoming victims of violence. For instance,
The movement to stop violence against women
in the 2011 Survey on Violence between Men
in Japan started in the 1980s. The women’s and
and Women, conducted by the Gender Equality
feminist movements have fundamentally changed
Bureau, 7.7% of women who responded said they
the legal and social situation for women in Japan.
were forced to have intercourse at least once and
In 1986, the Japanese government legislated
only 3.7% of them said they reported the rape to
the Equal Employment Opportunity Law to ratify
police.9 According to the 1998 Survey on Mental
the Convention on the Elimination of All Forms of
Health and Health of Children and Family by
Discrimination Against Women adopted in 1979 by
Japan’s Sexology Information Center, 1 in 6.4 girls
the United Nations General Assembly.4 In 1995,
and 1 in 17.4 boys experience sexual abuse at least
a group of feminists who took part in the Fourth
once until the age of 12.10 According to 2012 data
World Conference on Women in Beijing started
from the National Police Agency of Japan, police
advocating for an anti-domestic violence law in
received 19,920 reports of domestic violence and
Japan. The law was enacted in 2001 to protect
55 reports of murders of battered women over
victims of spousal violence.5 The Anti-Stalking
that twelve-month period.11 This report only cap-
Law was enacted in 2002 – prompted by a 1999
tures reported domestic violence, which suggests
case in which a woman was stalked and murdered
by her ex-boyfriend.6 In 1991, Korean women
who had been sexually enslaved by the Japanese 8 “Campaign to End Violence against Women,” Gender Equality
army during the Second World War broke their Bureau, Cabinet Office, accessed on November 9, 2012,
silence and came out as “comfort women,” revealing http://www.gender.go.jp/honbu/130605a.html. The campaign
describes violence against women as “violence by husband
what they had suffered. After much denial of
or partner, sexual assault, buying and selling sex, sexual
responsibility, the Japanese government set up harassment, stalking and others severely violates women’s
the Asian Women’s Fund in 1995 to compensate human rights and is an important issue to be overcome
them, which was operational until 2007.7 to realize gender equal society. Violence in principle can
never be tolerated against anyone regardless of their sex,
perpetrator or relationship between victim and perpetrator.
Violence specifically against women must be promptly tackled
4 General Assembly Resolution 34/180 of December 18, 1979. considering the situation regarding violence and social
structure men and women live in.”
5 Law regarding Prevention from Spousal Violence and
Protection of the Victims, Law No. 31, 2003, last amended on 9 Information of Assistance in Incidents of Spousal Violence, Gender
July 11, 2009 as Law No. 113, accessed November 8, 2012, Equality Bureau, Cabinet Office, accessed January 13, 2014, http://
http://www.gender.go.jp/dv/dvhou.html. www.gender.go.jp/e-vaw/chousa/h24_boryoku_cyousa.html.
6 Anti-Stalking Law. Law No 81 of May 24, 2000. 10 T. Yoshida, “Children and Sexual Abuse,” Shueisha Shinsho (2001).
7 “Regarding the Situation and Future of the Asia Women’s 11 “ 2012 White Paper on Crimes,” National Police Agency,
Fund,” Ministry of Foreign Affairs, accessed January 13, 2014, accessed on January 13, 2013, http://hakusyo1.moj.go.jp/jp/59/
http://www.mofa.go.jp/mofaj/area/taisen/murayama_kk.html. nfm/mokuji.html.
76 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
The visibility of gay men and transgender women and negative attitudes. The prejudice towards
is also evident in Japanese television programs people of diverse sexualities and gender identities
although these programs often mock them.17 For is so subtle and invisible that LBT people in Japan
the reason stated earlier, lesbians, bisexual women internalize it. Many LBT people do not even
and transgender men tend to be far less visible in consider this to be a form of violence; they take
the daily television programs. for granted that they will be mocked and believe
they simply must bear it. One consequence of
living in and internalizing a prejudiced environment
LBT people are subject to stereotypes,
is that when LBT people experience violence or
mockery and negative attitudes.
discrimination, they keep it inside.
23 K, Yamashita interview, Kansai region, Japan, November 13, 2011. 28 A, Yamashita interview, Tokyo, Japan, January 29, 2011.
78 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
identity. His mother beat and slapped him and identity. Ken also recalled a moment when
deprived him food when A did not wear the girl’s he tried to tell his friend about his gender
school uniform she made for him. identity by saying that he supported sexual
minorities. “My friend said ‘These people are
monsters.’ I know she didn’t mean it at me,
Indirect Discrimination or Violence but I was very hurt by that.”31
29 Ajima, Uchida interview, Tohoku region, Japan, December 26, 2011. 33 See Terminology.
30 Nana, Yamashita interview, Tohoku region, Japan, July 1, 2011. 34 Suzuki, Ragi interview, Kanto region, Japan, March 7, 2012.
40 Hideto, Masaki interview, Tohoku region, Japan, December 28, 2011. 41 Ueki, Masuhara interview, Chubu region, February 11, 2012.
80 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
consent after he had asked her out. She said, “I
Sexual Violence can call the incident a sexual act without my
consent, because I didn’t expect it, but I’m not
Sexual violence was another prevalent form of sure this is violence.” She blamed herself.
violence experienced by our respondents.
• Masaki, a transgender man who experienced
unwanted sexual intercourse said, “[I’m not
Twenty-eight of the LBT people interviewed
sure] if this is considered violence.” Masaki
indicated that they experienced sexual violence at
implied that he did not fight back, which may
least once in their lifetime.
explain why he does not consider it sexual
• Yamada,42 a transgender female-to-male violence or name what he experienced as rape.
respondent, was sexually abused by his girl
classmates because of his gender expression.
Transgender women felt the sexual violence
He said, “When I was in high school, a
was because of their gender as women, which
group of some ten girls grabbed me and
they felt made them vulnerable to sexual
took my clothes off saying “Which [gender]
violence (like cisgender women).
are you?” He was “still deeply hurt” and had
“frozen the memory for a long time.”
There could be a number of reasons for not
• When Aya,43 a transgender woman, was
recognizing sexual violence as violence. Chief
in her third year in high school, a group
among them are: non-comprehensive and narrow
of more than ten boy classmates including
legislative definitions of sexual violence, limited
bystanders surrounded her and touched her
societal recognition of what sexual violence is, and
genitalia. She “tried so hard to forget what
the influence of larger societal thinking on respon-
happened but couldn’t and still can’t.”
dents’ perceptions. No legislation in Japan defines
• When Asami44 came out to her heterosexual “sexual violence” while rape is narrowly defined as
male friends as lesbian, she was told “to try “adultery against a woman who is thirteen years old
[to have sex with] a man.” or above with use of violence or threats” or “adultery
against a girl who is below thirteen.”47 See the section
Most of respondents did not recognize their ex- on the legal landscape in this chapter.
periences as violence until the interviewer in this
project read out examples of sexual violence listed
on the questionnaire. Targeted as Women
• Meg,45 a transgender male-to-female lesbian,
Twenty-eight LBT respondents experienced sexual
said, “I don’t know if this is violence, but he
violence from coworkers, classmates, strangers and
started shaking my hands and then ended
family members. These respondents stated that
up touching my buttocks. I certainly didn’t
the reason for the sexual violence was “because of be-
feel comfortable.”
ing woman” or because “their perpetrators perceived
• A man kissed Nomiya,46 a transgender male- them as women.” This means that these lesbian and
to-female lesbian, in an elevator without her bisexual respondents felt the sexual violence they
suffered was unrelated to their self-identified sexual
orientation. On the other hand, transgender women
42 Yamada, Masaki interview, Tokyo, Japan, February 19, 2012.
48 Ozawa, Yamashita interview, Tohoku region, January 14, 2012. 52 Mao, Uchida interview, Tohoku region, Japan, January 24, 2012
49 See Terminology. 53 Ken, Ken, Masaki interview, Tohoku region, Japan, February 7, 2012.
50 Nami, Ragi interview, Kansai region, Japan, February 29, 2012. 54 Shoko, Masaki interview, Tokyo, Japan, February 18, 2012.
82 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
NANA
Nana, 33 years old, is a lesbian residing in a Nana came out voluntarily to a music teacher
town in Tohoku with her parents, younger brother, when she was 23. The teacher had a positive response,
and a cat. She was working as a bar hostess when we saying “[Being attracted to someone of same-sex] is
spoke to her. Her highest level of education is junior natural and there are a lot of people like you in the US.”
college. She has experienced sexual, psychological and
After graduating from junior college, Nana
economic violence because of her sexual orientation.
worked as a caregiver at a center for people with
Her piano teacher in elementary suspended her disabilities. When her colleagues asked what kind of
because Nana unconsciously expressed her attraction man she considered her type, Nana responded, “I’m
to another girl at the piano school. The girl’s parents attracted to women.” Her colleagues started ignoring
had noticed it and reported to the piano teacher. After her. She reported them to her employer. He told
her suspension was lifted, Nana was told to “be normal her that the center could not allow her to look after
next time.” She remembers being “very hurt as a child.” women clients because “we aren’t sure if you might
do something wrong to other women.” For three years,
When she was 21, Nana’s aunt “found out” Nana’s
Nana faced daily discrimination and isolation at her
sexual orientation from her gender expression. The
job. She suffered depression. The conditions affected
aunt pressured her to go to a psychiatrist to be “cured.”
her ability to continue working and she quit. She suffered
In junior college, she dated a man to “cure” her economically as a consequence.
sexual orientation. The man raped Nana, resulting in
In 2007, Nana established an LGBT organization
physical injuries. He also stalked Nana. She did not tell
in her town to help herself and to help other LGBT
anyone about what happened because she thought, “it
people who also faced violence, discrimination and
was my fault.” She did consider calling the police when
isolation.
she was being stalked but was afraid. “Police would ask
questions and my lesbianism would eventually be revealed.
I thought they might blame me for letting the man rape
or stalk me,” she said.
84 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
TANAKA
Tanaka is 45 years old and resides in Osaka city, Tanaka lived with a partner who turned out to be
Osaka prefecture, with three roommates in a large a domestic violence offender. The partner physically
shared housing complex. His highest level of education and emotionally attacked Tanaka. He suffered brain
is a university degree. He is currently a freelance writer injuries resulting in a current disability, which Tanaka
and receives welfare assistance from the government. refers to as “a disturbance of higher cerebral function.”
He said that hospitals and clinics denied him treatment
Tanaka feels that people who do not know him
because he is transgender.
perceive him as a straight man. Most people in the gay
community in which he is active perceive him as gay. After many incidents of abuse from his partner,
Before he began his hormone treatments, he was per- Tanaka ended the relationship and told the partner to
ceived as a woman. But Tanaka identifies as a pansex- leave the home. The partner left but Tanaka continued
ual “gender queer” transman. to receive threats. Tanaka has told people, including
women’s rights scholars and activists, about the do-
Being pansexual and polyamorous, Tanaka has
mestic violence he experienced, but he says that they
had relationships with people of various gender iden-
are not supportive of him as a survivor of violence. He
tities. His first romantic relationship was when he was
feels this is because he is not a woman in a heterosex-
17 years old with a heterosexual woman. The relation-
ual relationship.
ship lasted three years. Since then, Tanaka has not at-
tempted a relationship with a heterosexual person and He wrote a book in 2006 called “Transgender
has focused on queer people. Feminism” but excluded his experiences of violence
because he was being stalked by his former partner.
Coming out was complicated due to his com-
Tanaka felt that more people supported his sexual
plex gender identity. His parents have been relatively
and gender identities than his identity as a domestic
supportive although recently his mother was upset
violence survivor.
when she found out that Tanaka was taking hormones.
Tanaka left home when he was 25.
• Mamoru,61 a transgender immigrant man asked him how he had sex with his girlfriend.
from Burma, who had lived in Japan for ten He made fun of Mamoru’s gender identity
years, worked for a travel agency and was and verbally and sexually harassed him,
called “homo”62 by his boss after he submitted which constituted discrimination and sexual
a medical certificate that indicated his Gender harassment against him in the workplace.
Identity Disorder. He showed the certificate Mamoru was “hurt by what the boss said ‘as
to his boss to tell him that he was medically a joke.’”
permitted to get male hormone injections. The
• Masaki,63 a transgender man, was denied a job
boss looked surprised to see the certificate and
interview at a convenience store after he
answered the store manager’s question about
htmldata/H15/H15HO111.html; Law on Partial Amendments to why his curriculum vitae left out information
the Law concerning Special Cases regarding Gender of People about his education. Masaki told the manager
with Gender Identity Disorder, Law No. 70, adopted on June that he was from a “women’s-only” high school,
18, 2008, accessed on November 6, 2012, http://www.shugiin. which revealed his transgender identity.
go.jp/itdb_housei.nsf/html/housei/16920080618070.htm.
62 See Terminology. 63 Masaki, Ambo interview, Tohoku region, Japan, December 8, 2011.
67 Ragi interview, Kansai region, Japan, February 8, 2012. 68 Taka, Masaki interview, Tohoku region, Japan, January 30, 2012.
86 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
she “blamed myself for not seeing it coming
IMPACT OF VIOLENCE and for letting it happen to myself.”
71 Ozawa, Yamashita interview, Tohoku region, Japan, January 14, 2012. 73 Hiroki, Uchida interview, Tohoku region, Japan, January 31, 2012.
72 Nomiya, Yamashita interview, Tokyo, Japan, February 11, 2011. 74 Aya, Yamashita interview, Kansai region, Japan, January 30, 2011.
77 A, Yamashita interview, Tokyo, Japan, January 29, 2011. 80 Kimura, Masuhara interview, Chubu region, Japan, February 11, 2012.
78 Kazuko, Masaki interview, Tohoku region, Japan, February 25, 2012. 81 Masato, Masaki interview, Tohoku region, Japan, January 29, 2012.
79 A, Yamashita interview, Tokyo, Japan, January 29, 2011. 82 Hiroto, Masaki interview, Tokyo, Japan, January 5, 2012.
88 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
TAKA
Taka was 38 years old and residing in Akita city, When he was 37 and looking for employment,
Akita prefecture, when we spoke to him. He commit- Taka came out at four job interviews and was blatantly
ted suicide six months after we conducted our last in- told each time that he was being denied a job due to
terview with him. His highest level of education was his Gender Identity Disorder. Several times, he insisted
a high school diploma and he was unemployed and to no avail that “although [he is] a female, [he could]
receiving welfare assistance from the government at work as hard as a male.”
the time of his death.
Taka gradually lost confidence in himself after the
When asked about his gender, Taka expressed that many job rejections. He gave in and circled “female”
he was a straight man while he felt that those who had under the gender column of his curriculum vitae.
known him by his “past gender” would have identi- Claiming to be female became more and more diffi-
fied him as a woman. At the time of his interview, he cult as he was getting hormone injections to look and
had been admitted to a hospital where he was being sound more like male.
treated as a woman in a ward for females.
When Taka told his job interviewer that he had
Recalling his childhood, he remembered not being Gender Identity Disorder, he was dismissed. People re-
able to confide in others about his identity, and strug- jected the idea that he was a man. An uncle adamantly
gling to understand “what [he] was.” He first started to told Taka to “dress more like a woman,” that Taka was
realize that what he had been experiencing was Gen- a woman, and that he would be “cured” if he got [fe-
der Identity Disorder around 27 years old, and he felt male] hormone injections.
he didn’t have enough courage then to freely express
The challenges he faced created great psycholog-
his gender through clothing, hairstyle, etc.
ical distress, and at times made him wonder “why he
When he was twenty years old, Taka’s boss who had to be born that way.” He grew depressed and felt
did not know that Taka identified as a man, “playfully” that his transgender identity was at the root of his de-
attempted to touch Taka’s breasts. Taka considered this pression. He never reached out to mental health pro-
as sexual violence and felt that his dignity was violated fessionals because he felt they were unreliable.
on several levels – his boss felt entitled to commit sex-
When Taka was twenty, he first began considering
ual violence because he thought Taka was a woman,
suicide. At the time, he did not know about his GID and
and Taka’s gender identity was invisibilized.
felt that he could not go on living. He tried to improve
When he could not find employment opportuni- his situation by throwing away things he felt he didn’t
ties because of his gender identity, he felt that he was need, but it only made him feel like he had less to
finally able to explore his identity more and gain a bet- live for. He attempted suicide by pouring gasoline over
ter understanding of Gender Identity Disorder and his himself and setting himself on fire but recovered from
growing desire to meet others like him. the burns after three days in a coma. Even after his
miraculous recovery, Taka felt he had no reason to live.
Taka experienced difficulty explaining his gender
to strangers, including in institutions like hospitals, and At the end of his interview with us on January
also to the people closest to him. He felt that the label 30, 2012 for this research project, Taka shared that he
“Gender Identity Disorder” conveyed something “bent wanted to help others who were struggling with being
out of its shape and peculiar” and that women diag- from a sexual minority. This gave the impression that
nosed with Gender Identity Disorder were perceived he was thinking of the future. However, on the early
as “something unpleasant to be around” and “people morning of July 23, 2012, Taka once again poured gas-
who aren’t into men.” oline on himself and set a fire. He died that day.
90 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Several respondents sought help from medical interviewed considered committing suicide – five
professionals including psychiatrists and psychol- of them actually attempted to kill themselves.
ogists. Some found their interventions appro- Many thought of committing suicide when they
priate and helpful while others did not. Our felt isolated, or after situations or prolonged
interviews showed that there were mental health periods in which they felt others denied or invis-
professionals who thought that their clients’ ibilized their sexual orientation, gender identity
gender identity or sexual orientation was “not and gender expression.
the heart of their issue” while our respondents
• Ken, a transgender man who hid his gender
wanted to be heard as LBT people.
identity and lived as a woman because
• Sachiko,91 a transgender woman said, he was in a heterosexual marriage with a
“[They] listened to me [at the clinic] for cisgender husband, and had children, said,
my suffering and they treated me about my “I didn’t actually commit it [suicide], but
physical symptoms. But nothing else was re- I wished that my life would end soon. I
ally done about the difficulties I had because thought that I’d be happier that way.” He
of my gender identity.” She said, “This was said, “I couldn’t think there was my future
before the enactment of the Gender Identity [when I would live as a man].”
Disorder legislation.”
• Z,92 a lesbian respondent, felt “so isolated”
being lesbian. She felt sick for being com-
pelled to wear pantyhose at work for being
LAWS AFFECTING
a woman. When she sought counseling
from a women’s center, she said “the coun-
LBT PEOPLE
selor didn’t understand difficulties of sexual There are no domestic laws that explicitly crimi-
minorities” because the counselor asked her nalize homosexuality or non-conforming gender
whether she wanted to become a man. identities in Japan. Between 1873 and 1880
during the Meiji era, anal sex was illegal, with
A group of respondents said they did not ask for consensual anal sex subject to ninety days impris-
or receive any support or assistance to deal with onment and non-consensual anal sex subject to
the sexual violence they experienced. The vicious ten years imprisonment.94 This was the only time
cycle of direct and indirect discrimination they when sexual acts associated with male homosex-
face on a daily basis, the respondents’ own fear uality were specifically criminalized. Female ho-
of revealing their sexual orientation and gender mosexuality has never been explicitly criminalized
identity, and having no one to turn to for help, throughout the country’s history.
pushed LBT rape survivors to the edge. Two
respondents said they thought about committing The Japanese Constitution stipulates the sep-
suicide after they suffered sexual violence. aration of organized religion and state.95 It is
believed that there are no domestic laws based
Suicide was culturally familiar to our respon- on morality or religion, but in some cases, men,
dents. In Japan, around 30,000 people com- women, and particularly those of diverse sexu-
mitted suicide every year between 1988 and alities and gender expressions, find that mo-
2012.93 More than half of the 50 LBT people we rality affects the application of laws that seem
93 “Transition of the Number of People Committed Suicide”, Jiji 95 A rticle 20, Japanese Constitution, accessed November 8,
Press, March 9, 2012, accessed November 10, 2012, http://www. 2012, http://www.kantei.go.jp/foreign/constitution_and_
jiji.com/jc/v?p=ve_soc_tyosa-jikenjisatsu. government_of_japan/constitution_e.html.
92 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Taniguchi, Associate Professor at Takaoka discrimination, including on the basis of sexual
University of Law, who explained that there orientation and gender identity.104 The latest
are several similar cases of domestic violence Basic Plan on Gender Equality (2010) includes
involving same-sex partners where protection “people who are put in difficult situations
orders were granted. Courts, however, do not because of sexual orientation or people with
usually make domestic violence cases public Gender Identity Disorder.” The latest Outline of
and case details are not known. Judgments in Policies for Suicide Prevention Measures (2012)
these types of cases depend on the awareness of says “[the government] promotes understanding
judges. How accurately and thoroughly same- towards sexual minorities, which have a higher
sex domestic violence is recorded also varies rate of people with suicidal thoughts based on a
from one police station to another and depends belief that there is lack of understanding, preju-
on the awareness of the police officer hearing dices and other related problems.”105
the complaint of the victim. All this affects how
well the voices of same-sex domestic violence Based on the Suicide Prevention Policy Outline,
victims are heard.102 the Ministry of Health and Labor funds yorisoi
hotlines,106 which are toll-free hotlines for peo-
Sexual harassment is defined in the sexual harass- ple in crises. Since March 2012, one hotline
ment legislation, Law 113 and Law 42, both of was set up for sexual minorities, which received
which speak to places of employment.103 However, 384,000 calls (3.6%) from April 2012 to March
the presumption is that this form of violence 2013 – out of the over 8.5 million calls taken by
only occurs to cisgender women and transgender the yorisoi hotlines combined during that same
people who legally change their name. period. More than a half of the sexual minority
line callers are in their twenties and thirties, 6.4%
Although there is no legislation regarding the of sexual minority callers shared experiences of
rights of LGBT individuals, the Japanese gov- sexual violence, and 67.3% said they had or have
ernment has recently put in place several policies suicidal thoughts.107 This state initiative revealed
that specifically refer to people of diverse gender some of the realities that LGBTI people in Japan
identity and sexual orientation. In 2008, during face for the first time on such a large scale.
the Universal Periodic Review at the United
Nations Human Rights Council, the Japanese In 2010, the Ministry of Education, Culture,
government declared that it would accept a Sports, Science and Technology issued a mem-
recommendation to take measures to eliminate orandum entitled “Educational Counseling for
94 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
RECOMMENDATIONS
The following are our recommendations for different stakeholders whose actions have impact on the lives of
LBT people (including those who do not use the terms lesbian, bisexual or transgender but prefer to identify
as having other sexual orientations and gender identities).
GOVERNMENT OF JAPAN
SCHOOLS
111 “Residential Certificate Obtainment Restriction Expanded to the Cases of Abuse from October”, Kyodo, September 26, 2012;
http://www.47news.jp/CN/201209/CN2012092601002610.html retrieved February 21, 2013.
• Provide comprehensive training to staff about the experiences and specific needs of LBT people
who are the victims of violence, including training on how to provide sensitive services that respect
their sexual orientation, gender identity or gender expression.
WOMEN’S ORGANIZATIONS
We recommend that women’s centers, centers for gender equality that receive public/state funding, and
publicly and privately funded shelters for women domestic violence victims/survivors:
• Provide comprehensive training to their staff about the experiences and specific needs of victims of violence,
including those who may be victims of violence because of their gender identity or sexual orientation. The
goal of this training should be to enable their staff to offer appropriate and sufficient support. The training
should include that domestic violence also can happen in same-sex relationships, that transgender men can be
victims of domestic violence by being perceived as the “wife” or “girlfriend” by their perpetrators, and that
transgender women sometimes face violence because they are perceived as women or girls and thus “inferior.”
• Secure an individual shelter room for survivors of violence who are LBT as they may require special
consideration because of their appearance.
• Respect the sexuality of those survivors of violence who are sexual minorities as their sexuality is an integral
part of their self-identity and could be related to violence they experience.
All stakeholders should work in cooperation with LBT groups in their community, as this is likely to generate a
stronger notion of societal acceptance and protection, so that those who have suffered violence because of gender
identity, sexual orientation and/or gender expression will feel less isolated and more empowered to push for change.
Finally, for those of you who are LBT or identify as people with other (i.e., non-conforming) sexual
orientations and gender identities, and who have experienced violence, we would like you to:
• Acknowledge that you have worked very hard till today in a society where people tend to forget even the exis-
tence of people who have a different sexual orientation, gender identity or gender expression. Many certainly
do not think of us as their family, friends, classmates, students, coworkers, clients or neighbors.
• Know that although it seems lonely, there are accepting and understanding people in Japan, and there are
services and information that can help you.
• Always remember that you deserve respect and dignity.
96 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
New half is a Japanese-English word for trans-
APPENDIX A: gender women or “shemale” that can be used
pejoratively. However, transgender women in
GLOSSARY OF TERMS show business and sex work have reclaimed this
word and use it as a self reference.
Bi/bisexual refers to an individual who has
sexual and romantic desires for both female and
Non-heterosexual is mostly used by lesbians,
male individuals. “Bi” is a widely-used short-
bisexual women and other sexual minorities,
ened form that can be both derogatory and
who are reluctant to identify themselves as
non-derogatory in Japan.
lesbian or bisexual, to describe their sexual ori-
entation, meaning “(at least) not heterosexual.”
FtM is a term for female-to-male (FTM) trans-
gender or transsexual person who was assigned
Queer is an umbrella term for, and proudly
female at birth but identifies as male.
used by, lesbians, gays, bisexuals, transgenders,
and anyone who does not fit the heteronorma-
FtX refers to a female-to-X (FTX) transgen-
tive culture.
der or transsexual person, who was assigned
female at birth, and where “X” is used because
Questioning is a term describing someone’s
the person does not identify as female or male.
ambiguous state of sexual orientation or gen-
In addition, it is used by women who do not
der/sexual identity. Sometimes the term is used
conform to the heteronormative culture and
by someone who is not confident enough or
because of that would rather not identify them-
does not have the self-awareness to know if she
selves as female.
is lesbian/bisexual because she has no experi-
ence of same-sex sexual contact.
Gender Identity Disorder is the formal diagno-
sis for gender dysphoria and can be made by two
Okama is a term used to refer to gay men or
or more physicians under the Japanese system.
sometimes transgender women in a derogatory
A person who wishes to change their gender
sense. However, some of the gay men have re-
marker on their official documents in Japan
claimed this word and use it as a self reference.
must fulfill various criteria, one of which is to be
diagnosed with Gender Identity Disorder.
Pansexual is a term for an individual who has
sexual and romantic desires for individuals of
Homo is a derogatory word usually referring to
any gender or sexual identity.
gay men in Japan that comes from “homo”sexual.
Seku mai is an umbrella term in Japanese for
Les is a derogatory word referring to lesbian in
sexual/gender minorities.
Japan, contrary to “lesbian/bian.”
Trans/transgender refers to an individual
Lesbian/bian refers to a woman who has sexual
whose gender/sexual identity does not match
and romantic desires for other women. The
the individual’s birth sex; also referred to as
shortened form “bian” is also preferred among
“trans” for short.
lesbians in Japan to casually refer to themselves
as being sexually and emotionally attracted to
women.
98 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
MALAYSIA
ON THE RECORD
Violence Against Lesbians, Bisexual Women
and Transgender Persons In Malaysia
KRYSS
CONTE NTS
INTRODUCTION........................................................................................................................................105
INTERVIEWEE DEMOGRAPHICS............................................................................................................106
COUNTRY CONTEXT.................................................................................................................................107
INTERNATIONAL AND REGIONAL HUMAN RIGHTS TREATIES ...................................................... 111
MANIFESTATIONS OF VIOLENCE........................................................................................................... 112
Violence in the Name of Religion........................................................................................................... 112
Violence in Schools ................................................................................................................................... 115
Violence by Medical and Mental Health Professionals ..................................................................... 116
Violence on the Streets............................................................................................................................. 118
Cyber Bullying ............................................................................................................................................ 119
Negative Influence of Religion ............................................................................................................... 119
Violence by Family and Friends .............................................................................................................120
MOST COMMON TYPES OF VIOLENCE AGAINST LBT PEOPLE...................................................... 121
Emotional Violence ...................................................................................................................................121
Physical Violence........................................................................................................................................122
Sexual Violence ..........................................................................................................................................124
Intimate Partner Violence.........................................................................................................................125
DISCRIMINATION......................................................................................................................................126
IMPACT OF VIOLENCE AND COPING METHODS ..............................................................................................129
LEGAL SYSTEM AND LBT PEOPLE.......................................................................................................... 131
Secular Laws................................................................................................................................................131
Syariah Laws ...............................................................................................................................................132
RECOMMENDATIONS .............................................................................................................................133
APPENDIX A: GLOSSARY OF TERMS....................................................................................................134
APPENDIX B: SHARIA PENALTIES FOR SAME-SEX RELATIONS BETWEEN WOMEN
AND GENDER NON-CONFORMITY......................................................................................................135
APPENDIX C: PUBLIC MORALITY LAWS AGAINST LIWAT AND MUSAHAQAH............................138
104 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
The documentation team comprised five
interviewers who collected data on violence
and discrimination experienced by LBT persons
between November 2010 and November 2011.
The interviewers primarily relied on the snow-
balling method, a method relying on referrals
by contacts such as community leaders and
interviewees. The community leaders either
privately contacted or used social media (Facebook)
and closed mailing lists to encourage their
members in their respective networks to participate
in the research.
GULF OF VIETNAM
THAILAND
There were difficulties locating bisexual women PHILIPPINES
106 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
geographical concentration of the interviewees Three pengkid interviewees said they liked wearing
is likely due to the snowballing method used to boyish attire from a young age and preferred
identify interviewees. to play with their male siblings. Pengkids have
always been visible in Malaysia and are not seen as
Almost all 45 interviewees said that they became a new phenomenon within the LBT community.
aware of their same-sex attraction and/or gender It is an identity largely adopted by a segment of
identity or expression at a very young age – four gender non-conforming women who are ethnically
or five years old. “Same-sex attraction” was also a Malay (and ostensibly Muslims).
determining indicator for transgender interviewees
as young children in their road to discovery of
their gender identity. Interviewees who were
not “outed” (sexual orientation or gender
COUNTRY CONTEXT
identity revealed without a person’s permission Lesbians, bisexual women, queer5 and transgender
or knowledge, or inadvertently) by their friends persons (transwomen6 and transmen7), and other
or family members revealed their own identities gender non-conforming people and communities
(i.e., came out) to their parents when they were in currently face rising hostility, discrimination and
their twenties or older. While economic reasons, abuses in Malaysia. They are unprotected by a
religion and dependency on parents primarily political system, which is geared towards promoting
influenced when people chose to come out, the and imposing a specific vision of Malaysia.
culture of respecting elders and not wanting to
upset parents were equally influential factors. The While Malaysia may have inherited the British
phrase “know but don’t ask” or similar sentiments colonial laws that prudishly criminalise consensual
were commonly expressed during the interviews. anal and oral sex acts (carnal intercourse) between
adults, it is the current State’s identity politics
Nine of thirteen transwomen interviewees shared and the institutional strengthening of Malaysia’s
that they started “cross-dressing” at a very young Islamization that has witnessed the increasing
age – six or seven years old – and had friends or importance and influence of state-administered
a support network to guide their gender transition. syariah (sharia) or Islamic law.8 Syariah laws
Those without a support network of peers or criminalise Muslims for lesbian sexual relations
other transwomen friends transitioned later – (musahaqah), sex between men (sodomy), sex that
some in their late twenties. is considered “against the order of nature” (liwat),
and for “posing” or “impersonating” as the
Transmen interviewed for this research were opposite sex (e.g., cross-dressing). Government
certain of their attraction towards women but representatives actively reject sexual orientation
were unsure of their gender identity, due to lack and gender identity issues as human rights issues
of information, not having the local vocabulary in various national, sub-regional (such as, at the
to self-identify, and a significant absence of a Association of Southeast Asian Nations/ASEAN
transmen’s support network in the country. They Intergovernmental Human Rights Commission)
tended to remain in lesbian circles and identified and international fora.
as butch lesbians. Four of the eight transmen
started transitioning comparatively much later –
in their thirties and forties.
5 The term “queer” is used as a reference to people whose
sexual orientations are fluid and as an umbrella term that
rejects the binary and often oppositional understanding of sex
Social movements and human rights activism are mostly (male-female) and sexuality (homosexual-heterosexual).
centred in Kuala Lumpur, Selangor and Penang. In fact, most
6 Male-to-female transgender persons.
of the rights-based Non-Governmental Organizations (NGOs)
in Peninsula Malaysia are situated in Petaling Jaya. 7 Female-to-male transgender persons.
9 T he loss of an independent judiciary was sealed with the 15 It is unknown if State actors were even aware of the existence of
severe split in UMNO in 1987 and the direct challenge against transmen at the time. Until today, visibility of transmen is still low,
Mahathir as President of UMNO at the time. since most would prefer to remain in stealth mode and undetected.
10 J eswan Kaur, “Let the Doctors Decide,” The New Straits 16 A local term for male-to-female transgender person or
Times, December 12, 2005, http://kasihhoney.blogdrive.com/ transwoman.
archive/176.html.
17 S lamah, Khartini, “Mak Nyah in Malaysia,” Sexuality, Gender
11 R iaz Hassan. Inside Muslim Minds. (Carlton, Victoria: and Rights: Exploring Theory and Practice in South and
Melbourne University Press, 2008),49–54, 286–287. Southeast Asia, SAGE (2005), 105-106.
108 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
relations with two men. Following the dismissal pressure groups, politicians, bloggers,21 and some
of Anwar Ibrahim, the People’s Voluntary Anti- members of the public, saw these protests of
Homosexual Movement (PASRAH) was formed non-Muslims against the pengkid fatwa as inter-
by members of the United Malays National Or- ference in an Islamic matter. 22 Presently, fatwas have
ganization (UMNO), the dominant Malay political been gazetted (officially announced to the public and
party of the ruling coalition since Malaysia’s published in a journal or state controlled newspaper)
independence in 1957, to “wipe out homosexuality”18 in the state of Malacca and the federal capital, Kuala
in Malaysia. PASRAH, which no longer exists, Lumpur, to prohibit tomboy or tomboy behaviour.
was chaired by Ibrahim Ali,19 a former Member of
Parliament and present member of UMNO as well In November 2011, Seksualiti Merdeka,23 an
as the current President of Pertubuhan Pribumi annual sexuality rights festival, was banned
Perkasa Malaysia (PERKASA), a Malay supremacist by the Royal Police of Malaysia. The authorities
and nationalist organization that advocates for the deemed Seksualiti Merdeka as a devianist cult, a
protection of Malay-Muslim rights. PERKASA has free sex party24 and a threat to national security.25
recently expanded its political agenda to include an Subsequently, Seksualiti Merdeka and its organisers
aggressive anti-LGBT stance. as well as allies were investigated under Section
298A of the Penal Code26 and Section 27A(1)(C)
of the Police Act 196727 for creating disunity and
disharmony in Malaysia.28 Many prominent activists
including some pro-Islamists saw the banning
of Seksualiti Merdeka as politically motivated by
33 A lia Ali, “Oh, Inverted World,” Kakiseni, March 12, 2013, http://
blog.kakiseni.com.
29 J ustice Rohana Yusof, in her decision, said that Section 21 of 34 K ate Hondal, “Anti-gay musical tours Malaysian schools and
the Police Act empowers the police to impose a ban pending universities,” The Guardian, March 28, 2013, http://www.
investigation and that the application was academic in nature. guardian.co.uk.
See “Seksualiti Merdeka fails to get ban reviewed,” Seksualiti
35 Nina Hidayat, “Bad or Ugly: Malaysian Education Ministry Supports
Merdeka website, http://www.seksualitimerdeka.org.
Gay Guidelines,” Venus Buzz,, http://www.venusbuzz.com.
30 Anna Leach, “Malaysian Deputy Prime Minister says LGBT
36 U
MNO owns 49.77 percent of Utusan Malaysia, a Malay daily
people need counselling,” Gay Star News, April 5, 2012,
that propagates Malay supremacist ideas, and the daily has run
http://www.gaystarnews.com/node/1847.
several articles to discredit Anwar Ibrahim by associating him
31 Hafidz Baharom, “Najib: LGBTs, liberalism, pluralism are with the LGBT movement. ida Lim, “Umno owns 49.77pc stake
enemies of Islam,” The Malaysian Insider, July 19, 2012, http:// in Utusan, court told,” The Malaysian Insider, August 13, 2012,
www.themalaysianinsider.com. http://www.themalaysianinsider.com.
110 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
citing the gay marriage debates in France. The to Article 9(2)39 and Article 16(a)40 (c)41 (f )42
author called on Malaysians to protect the family (g)43 pertaining, in particular, to equality upon
institution against the menace of LGBT people.37 entering into marriage and within marriage.
The Malaysian government’s rigorous efforts to These reservations reflect Malaysia’s firm belief in
curb vice have increased stereotyping of LGBT the position of men as the decision-makers and
persons as criminals. As a result, many gay heads of households, and the notion that women
establishments such as clubs and saunas are being and men have different rights with regard to their
shut down or targeted by the enforcement children. Domestically, the government has yet to
agencies and media, thus regulating LGBT persons’ pass an act for the protection and promotion of
participation in the public sphere by leaving them women’s rights. While article 8(2)44 of the Federal
very limited physical spaces to socialise. Some Constitution was amended in 2001 to include a
establishments have taken precautionary measures right to non-discrimination on the basis of gender,
to avoid the attention of public morality enforcement many Muslim women are still denied equal rights
agencies and imposed special restrictive measures when seeking reparation on divorce and inheritance
on LGBT patrons. Interviewees in the northern state issues through the syariah courts.45 Non-Muslim
of Penang reported that several clubs in that state women also suffer from the lack of legislation
officially prohibit entry to transwomen, and where ensuring their right to non-discrimination.
exceptions are made, club and sauna owners impose
behaviour restrictions. Butch lesbians reported In 2006, Malaysia was elected as a member of the
mandatory beverage purchases as a condition United Nation Human Rights Council (UNHRC),
for entry into clubs, and drinks were sold at much then re-elected for a second term in 2010 after
higher prices to butch lesbians and pengkid. garnering support from 179 out of 188 countries.46
INTERNATIONAL AND
39 9 (2) States Parties shall grant women equal rights with men
with respect to the nationality of their children.
Women (CEDAW) in 1995, the Convention on 43 1 6 (g) The same personal rights as husband and wife, including
the Rights of the Child (CRC) in 1995, and the right to choose a family name, a profession and an occupation
the Convention on the Rights of Persons 44 Except as expressly authorised by this Constitution, there shall
with Disabilities (CRPD) in 2010. In 2010, be no discrimination against citizens on the ground only of
the government removed three of eight initial religion, race, descent, place of birth or gender in any law or in the
reservations for CEDAW,38 leaving reservations appointment to any office or employment under a public authority
or in the administration of any law relating to the acquisition,
holding or disposition of property or the establishing or carrying on
of any trade, business, profession, vocation or employment.
45 H
oney Tan, “Measuring Up To CEDAW: How Far Short Are
Malaysian Laws and Policies?” March 17, 2003, Women’s
Centre for Change, Penang, http://www.wccpenang.org/files/
37 H
afizahril Hamid, “Bersatu menentang budaya songsang,” docs/honey-measuring-up-to-cedaw.pdf.
Utasan.com, March 31, 2013, http://www.utusan.com.my.
46 M
alaysia’s membership on the Human Rights Council is
38 M
eera Samanther, “Press Statement from the Joint Group for despite its poor track record on human rights, especially
Gender Equality,” WAO.org, July 6, 2012, http://www.wao.org.my. on minority and vulnerable communities, such as refugees,
112 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
JAIME
Jaime is a 47-year-old Chinese Malaysian woman, suppressed her gender expression so that she could be
who says she was “born in the wrong body.” At the age a “good role model” to her students. She knew that
of five, she was molested by a neighbourhood boy, and cross-dressing would expose her to ridicule, and this
later by her art teacher. At the age of eleven, Jaime was further increased her anxiety.
certain of her attraction to men, but the mix of shame
Since Jaime grew up in the 1980’s, when there was
and pleasure that resulted from her childhood abuse
very limited access to information and communication
had made her afraid and wary of people.
with people from the transgender community, she felt
Her family shunned her and denied her identity as even more isolated and depressed. It was only in 2002
a girl as she was growing up. Jaime often felt that she at the age of 39 that Jaime finally decided to start her
had brought embarrassment to the family, especially to physical transition and arranged for a sex reassignment
her parents. Her mother would say, “You would never surgery in Thailand. She said, “I wanted to do my
amount to anything much.” Jaime felt routinely pressured vaginoplasty first because I wanted to continue teaching.
to suppress her sexual and emotional expressions, and as I thought I should do my breast augmentation later. I
a result of this continuous pressure, she attempted suicide wanted a slow transition. I was never a cross-dresser,
at the age of fourteen. I never showed my feminine or female side except for
in my character [behaviour]. I don’t know why. I guess
Jaime looked to God for answers to the purpose
I was afraid to be ostracised.” It was at the hospital
of her existence in the world. As a staunch Catholic, it
in Thailand that she first found genuine support and
was difficult for her, even as a teen, to be repeatedly
acceptance from the trans community.
told by the church that it was wrong to masturbate or to
discover one’s sexuality. In her early adult years, Jaime For four years after her operation, Jaime struggled
felt she was finally ready to have intimate relationships with how to change her sex on her national identification
with men, but she continued wondering if she was a card because her appearance did not correspond with
gay man or a woman trapped in the wrong body. She her picture on her card. As a result, she persistently had
said, “When guys touched me, I liked it. I wanted to problems with the bank, immigration authorities when
go further. I like to be hugged, I like to be kissed, I like she travelled abroad, and the police. Her new physical
affection, but this thing inside me will tell me, ‘You’re identity and appearance also caused great discomfort
not female’ and ‘You’re not gay.’” amongst the students and her colleagues at the college
where she was teaching. Since her surgery, men, both
Her family’s continued denial of who she was
friends and strangers have come up to her and asked
and the church’s continued rejection of her gender
to touch her breasts. She understands their curiosity but
identity increased Jaime’s feelings of insecurity and
she also understands that this is sexual harassment.
self-degradation, and she often had thoughts of suicide
For Jaime, the worst form of violation was being denied
although she never made any further attempts. Jaime
her true identity and being ostracised by society for
suppressed her desire to wear female clothes and tried
simply existing.
convincing herself that she did not have the desires of
a woman. When Jaime became a college lecturer, she
114 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
therefore had not broken any laws. She is, however make it mandatory, using the rationale that
homeless and drives a trishaw (three-wheeled pedalled wearing the hijab would “protect their modesty.”
taxi) for a living, placing her at the bottom of the In government schools, girls are not allowed to
social hierarchy. Since she is Indian, Ann cannot be have very short hair and boys are not allowed
subjected to the “posing as woman” syariah law in to have long hair; the definition for “short” and
her state, so the police charged her under Section 21 “long” is arbitrarily decided by the school admin-
of the Minor Offences Act for public indecency and istration. Schools also have gender specific uni-
for alleged drug use. They referred to her low body forms. Transgender persons we interviewed said
weight as “evidence” of illegal drug use. Ann’s arresting that they felt “very uneasy in the school uniforms
officers had sexually harassed her. 59 She recounted: and having to behave a certain way.” They said
they could not focus on their studies.
They sentenced me to prison for eight
months. In prison they bullied me a lot. Lam Cheong, a 51-year-old transman, recalled his
The prison officers told me, ‘We will difficulties while he was a student, in relating to
put [you] in the cells with boys.’ They his peers in school and being forced to conform
abused me a lot in prison … they would to societal gender norms. His story was not that
ask us to run to a Saroja Devi (Indian different from the difficulties trans students expe-
female movie star) song. They would play rience today. Lam Cheong recalled:
some old songs and make us run from a
distance to the flagpole …. make the boys Obviously I was in a girl school. I basically
laugh at us. They would take the flag and could not really relate to my classmates
wrap it around us … they would twist our because I knew that I was like very different
hands … make us sit in the sun. … The because they started talking about girlish
warden would insult us … would ask us, (teenage) things … I just didn’t fit in. …
‘How about if I come to your cell? There I was born woman but I certainly did not
are only two of you there. Can I do you?’ feel comfortable wearing a skirt or a dress.
They would talk to us in a very vulgar Because of that, I basically did not want to
manner … Once I got out, the police in improve myself in school … in my young
court asked me, ‘Where are you going to mind, I always thought that if I were to
go once you are released, where are you come out to work, I would have to live a life
going to sleep? Do you want me to come as a woman, dress in women’s clothes to go
along to keep you company?’ … I was to work.61
asked by a police officer, the officer who
handcuffs you and brings you to court, he In addition to dress codes, gender specific facilities
was an Indian man … about 45 years old. such as student accommodations (in residential
He asked me, ‘Should I come along?’60 schools), often create problems for transgender per-
sons. Two educators interviewed for this research
shared their experiences of students who confided
in them regarding these problems.62 The educators
Violence in Schools said that effeminate or transgender students often
are moved to rooms that are nearer to the wardens’
All government schools in Malaysia enforce and
rooms so that the wardens can keep an eye on their
promote gender stereotypes and conformity. For
conduct and police them. Student accommodation
instance, Malay and Muslim girls are encouraged
away from campus is often expensive, and finding
to wear the hijab in schools; some schools even
The present policy of the Education Department I was beaten up by a group of seniors when
of the Federal Territory (Kuala Lumpur) categorises I was 13, for saying that one of the seniors
homosexuality and “gender confusion” as a seri- was hot … So I told him [my friend] that
ous offence, with recommended penalties such as: like, ‘I totally like that senior’ because
stern warning, whipping/caning, fine, suspension, I thought he’s hot, somehow word got
expulsion, or being charged in court.63 This policy is around, and got to that senior and he felt
published in a student handbook, produced and offended or something, and said that they
distributed by the Education Department. It sets the had to do something about me. So, he
environment in schools on how LBT students are to rounded up some of his seniors and con-
be treated by school authorities, teachers and students. fronted me. And made me confess that I
had said something like that and then they
Fourteen interviewees recalled their experiences beat me up, for saying that I like a boy.66
in school during the 1980s and 1990s, showing
that violence towards LBT persons in educational
institutions, such as verbal humiliation, sexual
abuse, and school expulsion for non-conforming
Violence by Medical and Mental
sexual orientation or gender expression, has Health Professionals
remained relatively constant over the years.
Nearly 30 interviewees for this research said they
Jess, a twenty-year-old transwoman, recalled boys generally avoided seeking health care unless they
in her school attempting to force her to give them had a trusted doctor. Several of our interviewees
oral sex in the school toilet after physical education. stated that mental health professionals, doctors and
When she refused, the boys threatened to beat her gynaecologists are ill-equipped to deal with their
up. Jess stood her ground, which scared them. The specific needs, lack sensitivity, and do not have
matter reached the school counsellor and disciplin- accurate and updated information to treat LBT
ary teacher, but Jess did not name the perpetrators.64 persons. Two transwomen reported being stared
at and verbally insulted by nurses and attendants
Nova, a 29-year-old Chinese lesbian, recalled during a routine health check-up at a hospital.
being expelled from her secondary school when
she was sixteen, after her girlfriend’s parents Gia is a post-operative transwoman who com-
“outed” her to the teachers in school. Nova’s pleted her sex reassignment surgery (SRS) in early
girlfriend’s parents were not pleased that their 2000 in Thailand. In order to change her name
daughter was dating a girl.65 on her identification card to match her reassigned
gender, Gia was required to provide a letter from
a gynaecologist working at a government hospital
63 “Malaysian NGO Alternative Report assessing the Government’s that confirmed the requisite surgeries.
progress in implementing CEDAW,” Women’s Aid Organization
(2012), 206, http://wao.org.my/file/file/Malaysian%20NGO%20
CEDAW%20Alternative%20Report%202012%206MB.pdf.
65 Nova, interview with research team member, January 2011. 66 Aminah, interview with research team member, January 2011.
116 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
NOVA
Nova is a 28-year-old Chinese Malaysian woman, “Later … I went to the University Hospital and
who realised that she was attracted to women at an asked them if they [had sent] the report [to my school,
early age. “Ever since I was young, I’ve asked myself and only then did they send] the report but it was too
all those questions, even from a young age, 5 or 6, … late already [and I remained suspended]. . . .[T]hat re-
even when I watch T.V … I’ve always found myself very ally shattered me completely …. Because I loved my
attracted to the lady [in a program]. I’m never attracted school so much … . That’s what I told [the head mis-
to the men.” Nova had her first real crush on a girl tress].... [B]ut she just said… they are trying to weed
when she was twelve years old. out lesbianism because apparently [the school] has a
bad reputation.”
Nova did not want to go to the private all-girls high
school that her parents had chosen because of rumours After Nova was expelled, the discipline teacher67
that it was a “lesbian school.” However, she quickly felt interviewed Nova’s “first ever girlfriend” with whom
at home because she found other girls like her and be- she was involved when she was about thirteen years
friended them. As a student, she was a high achiever. old. “Whoever I was supposed to have [had] a rela-
tionship with, the teacher interviewed . . . So I think, I
When she was sixteen, Nova’s romantic partner of
was used as a scapegoat, to expel me, to send out a
two years, Linda, found out about Rachel, who Nova
message to all my friends who are gay or [others who]
was secretly dating at the same time. Linda told the
are gay in that school. If you want to be gay, you want
school authorities that Nova was a lesbian, and the
to be out and proud, this is what you will get.”
whole school learned not only of Nova’s relationship
with Rachel but also her relationship with Linda. Nova “The thought of me leaving that school made me
was suspended from the boarding school sleeping scared more than anything. So I did not go to the psy-
quarters where she was living at the time, and the chiatrist because I wanted to be healed. No. I know
teacher told her, “You have a disease. I do not want that I am gay and even though the headmistress did
you to stay in the hostel because you will spread this say that you have to go to the psychiatrist to say that
disease to other people.” you are not gay and to make sure that you are not
gay. But I knew it was an excuse.” Nova added, “I think
Nova did her best to persuade the school head-
[the school was] fighting very hard against [the bad
mistress to allow her to stay in school. Her parents tried
reputation] . . . They became very strict on everyone,
to do the same. Nova was instructed by the headmis-
especially my group of friends. … I think that it was
tress to see a psychiatrist and “if the psychiatrist gives
my own mistake because I did things the way I wanted
a report that says that you are okay, then I’ll allow you
to, I was never shy, I never [hid] who I was and maybe
to stay in school.” Nova did not want to leave school
that cost me, but I also feel that [the] education system
so she went to a psychiatrist. When the new school
does not…have the right to tell me whether I can be in
year began, Nova could not find her name on the class
school or not lah. I still believe that lah.
list. The psychiatrist’s report had not been sent. Nova
begged to be allowed to finish school and complete her
final examination year but the headmistress refused.
68 Gia, interview with research team member, February 2011. Regina, a transwoman from Penang, talked
69 “Au” is a sound made by people to imply that one is “sissy.”
118 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
about her transwomen friends being sur-
rounded by a group of men, demanding sexual Negative Influence of Religion
services.72 Samera, a transwoman from Kuala
Lumpur, recalled her transwomen friends being The politicization of homosexuality and transgen-
beaten up, pulled into strangers’ cars, and derism and the use of religion to propagate gender
forced to have sex with unknown men in the stereotypes in Malaysia have influenced not only
perpetrators’ cars. Samera herself had stones the way LBT people view themselves but also the
thrown at her and her friends by strangers in perceptions others have about the LBT community.
passing cars.73
Twelve interviewees explained that family
members, friends and strangers used religious
Cyber Bullying arguments against them or insisted that homo-
sexuality is abnormal. Four out of these twelve
Communication and social interactions in Malaysia
interviewees are Christians.
have changed since the 1990s with the introduction
of the Internet. The Internet has brought new tools
Emilia, a lesbian, is a Buddhist, and some of her
and avenues for activism, especially on issues such
siblings converted to Christianity when they grew
as LGBT rights. On the other hand, the Internet
older. When Emilia’s family members discovered
has also become a space for violence and public
her sexual orientation, one of her Christian broth-
bullying, which can be directed anonymously.
ers frequently told her that homosexuality is a
Katrina, a lesbian in her thirties, who was part of
sin, and gave her Bibles to read. Her brother also
the campaign in support of Fatine Young,74 was
gathered his friends and together they preached to
called “pig” and told she was “fat and ugly and
Emilia about the wrongs of homosexuality.77
that’s why guys do not want to have sex with you.”
The attackers questioned her sexual orientation.
Stacy, a bisexual Malay woman in her early
She received death and rape threats by online users
twenties, discovered her bisexuality when she was
she did not know. Some of the online attackers said
about 15 years old after having a crush on a girl
they wished that God would punish Katrina and
in school. Although nothing sexual happened
that she would die a horrible death.75
between the two, her friends in school felt obli-
gated to “bring her to the right path.” When their
Mei Mei, a 27-year-old lesbian, explained that she
“interventions to save her” failed, Stacy’s friends
experienced Internet bullying when an anony-
isolated her. As Stacy recounted:
mous online chatter, to whom she revealed her
sexual orientation, made disparaging remarks:
We met in May 2000 … we were talking
“You women need guys to straighten you all up
on the phone everyday. My friends from
… if you don’t date a guy, if you don’t have sex
my school knew about it because when
with a guy, you are not a complete woman.”76
they attend events, they could see it, right.
And then they started asking, ‘What’s
going on? Are you going out with this girl?
Are you dating this girl? What’s going on?’
72 Regina, interview with research team member, June 2011.
… ‘Like, you do know that it is wrong,
73 Samera, interview with research team member, May 2011. right? It is against the religion.’And these
74 In 2010, Fatine Young, a transwoman from Malaysia facing were not just Muslim people telling me,
deportation from the United Kingdom, fought to remain in the because I have a fair bit of friends of differ-
UK with her partner. A group of lesbians, gays, bisexuals, queer ent religions and races and beliefs, and they
and transgender persons started a local campaign on Facebook all said the same thing. ‘Stacy, it is wrong.
to mobilise support for Fatine.
76 Mei Mei, interview with research team member, March 2011. 77 Emilia, interview with research team member, January 2011.
PRIVATE VIOLENCE
Three lesbians reported that their parents used verbal
pressure to force them to meet mental health pro-
Violence by Family and Friends fessionals or religious leaders (specifically a known
ex-gay pastor) so that they could be “corrected.”
The LBT people interviewed for this research told
us that they faced violence: when they disclosed
Fatima’s mother sent her to a psychiatrist, who is
their non-conforming sexual orientation or
a family friend, after discovering Fatima’s sexual
gender identity; or when their sexual orientation
orientation. “My mum did that. They sent me to the
or gender identity was accidentally discovered or
psychiatrist. And the doctor is actually her friend …
publicised without their permission.
Nothing changed. Nothing will change. I am not
crazy, so why send me there when the place is for
Thirteen LBT interviewees suffered physical
people with mental problems?” Fatima reported.81
violence from their family members. The physical
violence was an escalation from the emotional
Jason, a 22-year-old transman, said that when
violence they had experienced.
his sister found out about his gender identity, she
found him a mental health counsellor.82
Malay transwomen reported physical violence and
verbal violence for being effeminate, including re-
All the mental health professionals or religious
peatedly being told to be more masculine by family
leaders who were suggested to the interviewees
members and friends. Interviewees who exhibited
by family members were friends of the family or
gender non-conformity as children often suffered
someone that their parents knew. This suggests
violence by family members from a very young age.
that parents and family members of the inter-
viewees place great importance on keeping their
The restrictions on gender and sexual expressions,
children’s sexual orientation and gender identity a
79 Regina, interview with research team member, June 2011. 81 Fatima, interview with research team member, April 2011.
80 Naim, interview with research team member, February 2011. 82 Jason, interview with research team member, October 2011.
120 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
secret, and that the end goal is the “correction” of sion; being forced to meet with a religious authority
their children’s sexual orientation and/or gender or a mental health professional; being stared at;84
identity. To an extent, these are actions persuaded subjected to silent treatment or isolation; deprived of
by the State’s official stance towards LBT persons. financial support; and being told that homosexuality
The research also shows that parents and family is abnormal or a sin according to the religion.
members of gender non-conforming persons are
sometimes also targeted and socially pressured to Interviewees reported that immediate and ex-
conform, particularly when the non-conforming tended family members would express and verbal-
gender expression is very visible. The parents are ise their discomfort with the way they dress, walk
made to feel like bad parents for not nurturing and behave with comments such as, “Dress like a
their children into becoming “model citizens,” normal person, have short hair, dress like male,”
i.e., gender conforming, heterosexual, married “Why are you dressed like a woman? Why do you
and religious. Parents are pressured by extended waste your money on these illogical things [made
family members, friends, and neighbours to for women]?” “Why are you like this? Don’t you
change their transgender children. Shirley, a trans- know you are a boy?” “Our family, we don’t do
woman shared her family’s story: this kind of things so please stop all your non-
sense and then just start seeing guys.”
My father is like quite famous in that
area, kampong [village], so a lot of people, One lesbian interviewee mentioned that her
kampong [village] people also talked about mother monitored her activities by recording her
me, like, ‘Why are you so soft?’… so a lot telephone conversations and following her when
of people give more pressure to my parents she left home.
when they hear all these [questions], like,
‘Why is your son very soft?’83 Eight interviewees reported that comments or
interrogations about their sexual orientation or
gender identity were sometimes followed by ques-
MOST COMMON TYPES tions regarding marriage, asked in public settings
such as family gatherings. Bear, a lesbian, said her
OF VIOLENCE AGAINST immediate family and relatives constantly pres-
sured her to marry a man:
LBT PEOPLE I know I am with a woman, my fam-
ily members know that I am dating a
woman. Sometimes my sister would ask
Emotional Violence me, ‘How long are you going to be like
this? It is not like you are not pretty. A lot
Almost all 45 interviewees reported that they had
of men want you. When are you going to
experienced multiple incidents of emotional violence
get married? You are already 22 years old.
in their lifetimes, primarily from family members
Don’t be like this,’ they would say. ‘Why
and people in their immediate circle. This violence
don’t you want to find a guy?’85
included: being told to revert to their assigned
gender or to behave in accordance with socially
Like most cultures, procreation and heterosexual
and culturally prescribed gender-conforming roles
marriage is valued in Malaysia.86 Being lesbian or
and expression; name-calling; being subjected to
personally demeaning comments; people around
them exhibiting discomfort because of their sexual 84 T en out the 45 interviewees, all of them gender non-
orientation, gender identity and/or gender expres- conforming, reported being stared at in public spaces.
83 Shirley, interview with research team member, January 2011. 86 Christina Tan, “Women are delaying marriage and having fewer
88 Emilia, interview with research team member, January 2011. 89 Florence, interview with research team member, February 2011.
122 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
[I was abused] daily. I injured my head in if he can help it, he doesn’t want his sibling
several places. He [my father] would hit to be a sex worker. I was in Malacca [a
me, burn me, and injure my head. When southern state in Malaysia] doing sex work;
he hits me, he would not hit me using I knew he was there … All my friends knew
his hands; he would use wires, metal rods him. I showed them his photo [and asked]
to hit me. He has even broken my arms. ‘Do you know this man, nyah?’ [and they
I was staying with him until I was seven asked me], ‘Who is this, nyah?; ‘Nyah, it
years old. I can tell you that I suffered a is my brother.’ [And they told me], ‘You
lot. When I was born, he would tell [my wait. At two am he will come by to use
family] not to feed me milk. He used to pondan. He will go to that pondan’s house.’
abuse me in so many ways … [My uncle] I watched. It was so surreal. Since then, I
was no different too. He didn’t like the stopped holding back. [I told my brother],
way I walked, my style, he said, ‘Your face ‘When I was younger you didn’t want me
is like a girl’s face,’ ‘Why do you dress that to be a pondan but you yourself like to have
way?’ ‘Why do you walk like that?’ Using sex with pondan. You are a scumbag.’ Since
that as reasons, he would hit me and then then, he doesn’t dare to do anything to me.
spread chili paste all over the bruises. He Doesn’t even dare to touch me. … After
would spread chili paste on open wounds. that he said, he admitted it himself, ‘If I can
I couldn’t stand his abusive behaviour so help it, I don’t want my own sibling to do
… I left his house to live with my mother. that sort of job. If you want to be a woman,
However, my brother didn’t like me living be a woman but find a decent job.’91
with my mother at all. They didn’t like
the way I walked, talked, etc. I lived with Florence has tried to get out of sex work. She has
my mother until I was fifteen years old. looked for work at several places, but they have all
They used to start rumours about me, and rejected her because of her gender identity.
my brother would also hit me because
I walked like a girl and didn’t do boy Ima, a 30-year-old transwoman from Penang, told
things. Even my mother used to hit me us that her father beat her up and imprisoned her
with a broom. I couldn’t stand the abuse in the house because he did not like her interacting
from my family members and so I ran with neighbours and friends. She said:
away from home.90
My dad has hit me before. I can’t accept
In some instances, guilt, shame and anxiety expe- him, like I said earlier, I won’t be able to
rienced by family members or others in the inter- accept him even in the afterlife, and he
viewees’ lives resulted in physical and other forms is my biological father. I cannot accept
of violence towards the interviewees. Transwomen him for what he has done to me. When
who were sex workers were even more vulnerable someone makes a mistake… he doesn’t in-
to violence due to the negative perceptions of vestigate, he just hits… I ran away to my
sex workers and the taboo surrounding sex work. mother’s place…. but my dad imprisoned
Florence, a transwoman, faced violence by her me. Like, he didn’t allow me to interact
brother upon discovering her gender identity with other people, like he would make me
and occupation as a sex worker, even though her stay at home. I felt disappointed. Why do
brother himself engaged transwomen sex workers. you have to imprison me in the house?
According to Florence: Because I am effeminate like this? But
why can’t I interact with people? Others
He loves going to the pondan. I know. So can interact with each other. That’s how
90 Ann, interview with research team member, November 2010. 91 Florence, interview with research team member, February 2011.
93 Ann, interview with research team member, November 2010. 94 Aminah, interview with research team member, January 2011.
124 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
explained that she was shocked and that she did pengkid, reported that men and women molested
not know how to react in those situations, as she them and touched them “in the chest area”
had never been subjected to such harassment prior to satisfy their “curiosity” about gender. Fred
to that incident. As a result, she is cautious and confronted those who touched him, and they
worried to come out as a transwoman, as she antic- admitted that their intentions of doing it were to
ipates similar incidents occurring in the future.95 confirm Fred’s gender.98
The prevalence of sexual violence towards trans- Some perpetrators use sexual violence as a corrective
women, especially transwomen who are also sex tool to “change back” the sexual orientation and
workers, has normalised sexual violence for some. gender identity of LBT people. Bear, a 27-year-old
Normalizing violence makes sense given the lesbian and former pengkid was threatened with
criminalization, stigmatization and lack of protec- rape over the telephone by some of her male
tion of the human rights of transwomen (and acquaintances when she was in university.99
lesbians, bisexuals and queer women), all of which
reduced their self-worth, and left them feeling
helpless in violent situations.
Intimate Partner Violence
Like heterosexual relationships, the relationships of
Mas, a transwoman sex worker from Perak in
LBT persons are not devoid of intimate partner
her thirties, described being raped as the “worst
violence. Malaysia’s Domestic Violence Act,
experience in life.” She said that her transwomen
which was enacted in 1994 and amended in
friends just laughed it off. She felt their reactions
2011, does not cover same sex partner violence
were probably because they were used to such
and violence in unmarried partnerships. The
violence. Mas shared that after the rape, she
Domestic Violence Act is limited to those in a
bled and she cried because she could not bear
familial relationship and those who marry the
the pain. She internalised the violence for many
opposite sex.100
years, even justifying the rape by telling herself
that it was just her bad luck and she had to
Seven interviewees disclosed that they had expe-
accept what happened because “that is what you
rienced intimate partner violence, suffering from
get for being a girl when god made you a boy.”96
physical and emotional violence caused mostly by
their partners’ jealousy, partners’ insecurities about
Sexual violence directed at LBT people often comes
their sexual orientation and/or gender identity,
from a morbid curiosity with their sex lives, and
and transference of violence by partners following
the notion that sex between two women is erotic.
stigma and discrimination that partners had faced.
Yuli, a 27-year-old lesbian was caught making out
Katrina, a lesbian in her early thirties, was
with her then-lover by a security guard. He threat-
physically and emotionally abused by her former
ened to report them to the authorities and asked
partner of more than five years. Katrina was
them if their parents were aware of their relationship.
forced to hide her sexual orientation, restricted
Yuli begged him to let them go. He told them he
from socializing with other people, restricted from
would allow them to go on condition that they kiss
dressing the way she liked, and was monitored
in front of him. They did as they were told and the
security guard watched.97
98 Fred, interview with research team member, April 2011.
A transman, Fred, who is in his twenties, and a
99 Bear, interview with research team member, April 2011.
126 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
IMA
Ima, a 32-year-old Malay and Muslim Mak Nyah any drugs. It was about 2 AM. The police were banging at
(transwoman) went to school until the age of fifteen, the door, asking us to open the door. I opened the door,
when she decided to stop studying and run away from and he kept shouting rudely to unlock the front gate. I
home. She is the second youngest child of ten siblings. told him I was looking for the keys…but when I finally
Ima left home because there was a lot of pressure from found the keys, they barged in, without taking off their
her family to change, to be more of a “man.” In fact, shoes, so I lost my patience and told them off because
Ima ran away several times, but every time she ran it was disrespectful of them as Malay officers to enter
away, she would be found. Her father, a retired police a Malay person’s house with their shoes on. My urine
officer, tied or handcuffed her after she was forcefully sample was clear [of drugs] so the police officers could
brought back home. Once, she was even locked in a not arrest me. [One officer] tried to break my identity
room for several hours. Ima finally left home for good card into two. There’s a line there where he tried to break
at the age of seventeen. it. He was really rude. He said things to embarrass me,
to put me down”.
When Ima was in her teens, her older brother, a
commander in the army, beat her and stripped her There were also many raids by the officers of
when he found her wearing women’s clothes. Ima the Islamic Department. “They use Volunteers of
blames herself for what her brother did because she Malaysian People (RELA) officers. The RELA officers
feels that she embarrassed him by being the way she is. don’t have any authority cards but they would break
into our houses. They won’t show any warrants.”
Ima’s identification card retains her male name
During one raid, Ima ran into her friend’s house.
and male photograph, which makes it difficult for her
A RELA officer chased her there. “He didn’t have a
to find formal employment. Presently, Ima makes her
warrant. He broke into the house to arrest me. Four
living as a sex worker. Ima resorted to sex work because
others in the house were also arrested. They were
she was denied factory jobs after every interview. She
all on motorcycles. They were not in uniform and
explained, “No matter how hard I try, it is as if society
they didn’t identify themselves. [One officer] used
cannot accept people like me. So I gave up. I live as
very rude language. After being arrested, we were
a Mak Nyah, like other Mak Nyahs, go out at night, I’m
all brought to the religious department of Perak. We
free, it’s easy, it’s easy money, so I began to live like this.”
were asked to take off our blouses so that they could
Ima has been threatened by gangsters, and forced see our breasts but that was not enough for them.
to pay “protection money” on a daily basis even when They wanted to touch them. My personal details and
there are no clients. A man who hung out at the brothel clothes were taken. I was charged under the “man
where she worked raped her when she was under the posing as woman” section of the syariah law and
influence of drugs. So far she has not been hit by offi- had to appear in court. But I didn’t admit guilt. This
cers of the Islamic Department or the police. But they happened four times then [the hearing] got post-
harass her frequently because she is Mak Nyah. poned, and finally my case was dismissed.
Ima recounted, “There was a drug raid. I was not On a separate occasion, the same RELA officer arrested
the only one at the house, but [there were] seven others. me and brought me to the religious department. He cut
The police came to the house. With us, Mak Nyah, they my skirt with a pair of scissors, exposing my underwear
would be rude, even though we talk politely with them. and then told me to go home. He cut my hair and then
Like they don’t respect us. I had just gone to sleep at the forced me to look for men’s clothes [provided by the
time. I was working at a disco. I had another housemate religious department]. He cut my skirt because he was
who really used drugs. My body was clean. I hadn’t taken frustrated. There were no pants for my size.” [laughs].
111 A legal precedent was set by Justice James Foong when he presided 113 In July 2013, Teh appointed Hezreen Shaik Daud, a transwoman
over a case pertaining to a post-operative transgender person. See as his political secretary and to oversee the welfare of the
Honey Tan, Jeffrey Jessie: Recognising Transexuals, The Malaysian transgender community in Penang. He also lobbied the Penang
Bar, http://www.malaysianbar.org.my/gender_issues/jeffrey_jessie_ State Assembly to set up a special committee to study the issues
recognising_transexuals_by_honey_tan_lay_ean.html. faced by the transgender community in Penang. See Josephine
128 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
had to carry throughout their lives. Ann believes
IMPACT OF VIOLENCE that she was born a transwoman because of the sins
committed by her father, a curse placed on him by
AND COPING METHODS other transwomen whom her father had abused.
However, Ann is very certain about her gender
Physical violence by family members led several LBT
identity, and does not think of herself as a boy.116
persons to leave home at a young age. Eight out of
Gia, a Malay transwoman in her late forties, also
45 interviewees (5 transwomen, 2 lesbians and one
blamed bad karma. Like Ann, Gia believed that her
transman) ran away from home as teenagers to
father’s hostile treatment towards transwomen
escape physical and other forms of violence – in
resulted in her being born as a transwoman. Some
some cases as young teens. Fred, a 24-year-old trans-
of Gia’s transwomen friends share that same belief.117
man, was forced to leave home at age eighteen
because of the violence he experienced from his
LBT interviewees who were unable to leave home
father and the growing tension in the home. He
used various methods to cope with physical and
relocated to another country.114 Economic and
emotional violence by family members. One
emotional violence from family members also drove
transman, two transwomen and two lesbians said
LBT persons away from home. Fatima, a 37-year-
that they isolated themselves in their rooms or
old Malay lesbian, was outed to her family
dodged family functions to avoid different kinds of
members by an unknown source when
family violence. Ellen is a 31-year-old lesbian,
she was nineteen. Her parents withdrew
whose mother beat her because of her sexual
financial support although she was
orientation. She isolated herself by staying
in school and economically
in her bedroom to avoid interacting
dependent on them. They
with her mother, saying, “less
subjected her to prolonged
interaction, less nagging, less
silent treatment. Fatima was
beatings and physical pain.” She
forced to leave home. She moved
noted that even as an adult now,
to a different city.115 Some inter-
she still spends most of her time
viewees, who left home to escape
in her bedroom more than any
violence, either moved in with
other room in her house.118 Another
their lover or partner
lesbian, Bear, 27 years old and a
or had friends from the
Malay Muslim, also employed the
community who were
same method of coping and with-
willing to support them
drew herself from her family members
emotionally.
when they subjected her to emotional
violence upon discovering her sexual
Another impact of family
orientation.119 Emilia, a 24-year-old
rejection and condemnation
Chinese transwoman bound her
is that some of the transwomen
breasts whenever she attended a family
believed that their gender identity
function to avoid attention being drawn
and gender expression were the result
to herself.120 Shirley, a 34-year-old trans-
of their fathers’ sins, a burden they
woman, who now lives on her own, said
Jallen, “Transgender political sec of Tanjung Bungah rep hopes 116 Ibid.
for equal treatment,” The Star Online, July 12, 2013, http://www.
117 Gia, interview with research team member, February 2011.
thestar.com.my/News/Nation/2013/07/12/Transgender-Tajung-
Bunga-rep.aspx. 118 Ellen, interview with research team member, February 2011.
114 Fred, interview with research team member, April 2011. 119 Bear, interview with research team member, April 2011.
115 Fatima, interview with research team member, April 2011. 120 Emilia, interview with research team member, January 2011.
130 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Interviewees named family members and friends
as their main support system. When this support Secular Laws
system became a perpetrator of violence, many
had to find creative and healthy outlets for their Section 377 comes under Unnatural Offences in
frustration and pain. Some turned to music while the Malaysian Penal Code (Act 574). Sections
others went on Facebook to rant, seek some calm 377A and 377B criminalise “carnal intercourse
or distract themselves. against the order of nature” (anal sex, oral sex)
between consenting adults regardless of the sexual
A number of interviewees were aware of online partner’s gender, as well as gross indecency.124
communities – individuals, collectives and organi- These sections of the Penal Code have reportedly
zations that assist LGBT persons. However, most been invoked only seven times since 1938,125
of them had not sought assistance from these on- four of which were against Anwar Ibrahim, the
line communities primarily because they felt that former Deputy Prime Minister.126 Punishment for
they were capable of resolving their problems on “carnal intercourse against the order of nature” is
their own or with the assistance of their friends. prison up to 20 years with liability for whipping.
Section 377C criminalises rape – non-consensual
sexual intercourse that involves oral and anal sex
LEGAL SYSTEM acts carried out under threat of death or hurt to
the victim. Punishment for these acts of rape is
AND LBT PEOPLE a prison term of not less than five years and not
more than twenty years with liability for whipping.
In Malaysia, secular laws – Criminal and Civil – The prevalent notion as expressed in 377C is that
and Islamic or syariah laws co-exist to govern its oral and anal rape is a lesser crime than anal and
citizens. Syariah laws are administered at a state oral sex between consenting adults. Section 377D
level by religious departments, syariah courts and covers “outrage on decency” and criminalises the
muftis. These laws apply only to Muslims regarding commission of, attempt to, or conspiracy to commit
issues such as marriage, divorce, and the creation any act of gross indecency. Punishment is two
and punishment of offences in relation to Islam.123 years in prison.
With the state endorsing Islamic dominance in
Malaysia, fatwa also plays a very important role in
shaping non-religious public policies and enactment
of secular laws. In 1983, the Council of Rulers
imposed a ban on SRS for Muslims through a
fatwa. Since then, many additional fatwas have
been introduced to prohibit Muslims from changing
their assigned gender on the national identification
card and to prohibit Muslim women from masculine
gender expression (i.e., pengkid, butch women or
tomboys). Fatwas are enforceable only after they
have been gazetted but many are treated as if they
are law regardless of their gazetted status.
124 L aws of Malaysia, Act 574 Penal Code, http://www.agc.gov.my/
Akta/Vol.%2012/Act%20574.pdf.
GU L F O F
T HA
H I L A ND RM 500
MAP LEGEND 30 Section Number of Law
SO U T H C H I N A RM 1,000
RM 5,000 14 15 SEE A
KEDAH
15
26 KELANTAN 30
TERENGGANU
77
LABUAN
RM 2,000 RM 500 SABAH
53
PERAK
150
28 27 PAHANG RM 5,000
CELEBES
SELANGOR
RM 5,000 26 64 RM 3,000
KUALA NEGERI SEMBILAN
LUMPUR
59 26 23
MELAKA JOHOR SARAWAK
RM 5,000
RM 5,000 RM 1,000
127 Laws of Malaysia, Act 336, Minor Offences act of 1955 (Revised
1987), http://www.agc.gov.my/Akta/Vol.%207/Act%20336.pdf. 128 Ibid.
132 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
RECOMMENDATIONS
The Malaysian government’s interpretation of Islamic law serves as a rationale for opposing efforts by the
international community to promote and protect the rights of LBT persons. The Yogyakarta Principles,
which serves as a premise for applying international human rights law to the lives of LBT persons, has little
traction with the Malaysian government. International human rights mechanisms have few concrete tools to
compel the Malaysian government to discharge its human rights obligations, and state institutions are slow
to implement international human rights instruments and consensus documents. This occurs in part because
public officials are inadequately trained and in part because there is no political will. Much work is needed on
the ground to train lawyers, judges and policymakers on Malaysia’s international human rights obligations.
The following recommendations to the government of Malaysia were included under the section on
the General Recommendation 28 of the Malaysian NGO CEDAW Alternative Report 2012.129 Some
of these recommendations were also made to the ASEAN Intergovernmental Commission on Human
Rights (AICHR).130 Based on the research findings, the Malaysian Government is called to undertake
the following actions:
1. To treat all people of diverse sexual orientation, gender identity and gender expression as equals and
with respect and dignity.
2. To have consistent and meaningful dialogues with LBT rights groups and relevant stakeholders before
developing policies and laws concerning LBT persons.
3. To immediately repeal all laws that directly and indirectly criminalise sexual orientation, gender identity and
gender expression; and to harmonise the Yogyakarta Principles with national laws, policies and practices by:
• Repealing Sections 377A, 377B and 377D of the Penal Code;
• Repealing Section 21 of the Minor Offences Act 1955 that is used to control and persecute transpeople
as well as women;
• Repealing “liwat” and “musahaqah” under the syariah criminal offences laws; and
• Repealing “male person posing as a woman”, or vice versa under the syariah criminal offences laws.
4. To expand the understanding of “gender” to include people of diverse sexual orientation and gender
identity; and to include “sexual orientation” and “gender identity” in Article 8 of the Federal Constitution
of Malaysia, prohibiting discrimination based on sexual orientation and gender identity.
5. To legally recognise transgender persons, both pre-operative and post-operative, as a legitimate identity by
allowing transgender persons to change their name, gender and digits in their identification cards and all legal
documents to match their reassigned gender.
6. To lift the ban on sex reassignment surgery and reintroduce sex reassignment surgery services,
including official pre- and post-operative counselling in hospitals as per the law prior to 1983
7. To immediately stop all LBT corrective programs in schools; to establish policies to prevent programs
that promote negative stereotypes of and discrimination against LBT persons; and to prohibit
programs that will be damaging to the development of LBT children.
129 “Malaysian NGO CEDAW Alternative Report 2012,” Women’s Aid Organisation, http://www.wao.org.my.
130 “ Statement of the First ASEAN Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) People’s Caucus,” ASEAN People’s Forum,
May 3-5, 2011, http://www.iglhrc.org.
134 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
APPENDIX B:
SYARIAH (SHARIA) PENALTIES IN MALAYSIA FOR SAME-SEX
RELATIONS BETWEEN WOMEN (MUSAHAQAH)
JOHOR Section 26 Musahaqah Any female person who commits musahaqah shall be guilty
of an offence and shall on conviction be liable to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
KEDAH Section 15 Musahaqah Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 500 Ringgit or to imprisonment for a term not
exceeding 4 months or to both.
KELANTAN Section 15 Musahakah Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 4 months or to both.
MELAKA Section 59 Musahaqah Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 1000 Ringgit or to imprisonment for a term not
exceeding 6 months or to both.
NEGERI Section 64 Any female person who commits musahaqah shall be guilty
SEMBILAN of an offence and shall onconviction be liable to a fine not
exceeding 3000 Ringgit or to imprisonment for a term not
exceeding 2 years or to both.
PAHANG Section 150 Sexual relations Any Muslim female person who engages in a sexual act
with/between women another Muslim or non-Muslim female person shall be guilty
of an offence and shall be liable on conviction to a fine not
exceeding 500 Ringgit or to imprisonment for a term not
exceeding 3 months or to both.
PERAK Section 53 Musahaqah Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 2000 Ringgit or to imprisonment for a term not
exceeding 1 year or to both.
PERLIS Section 14 Musahaqah Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to both.
PENANG Section 26 Musahaqah Any female person who commits musahaqah shall be guilty of
an offence and shall on conviction be liable to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
SABAH Section 77 Musahaqah Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 1000 Ringgit or to imprisonment for a term not
exceeding 6 months or to both.
SARAWAK Section 23 Musahaqah Any female person who commits musahaqah shall be guilty
of an offence and shall on conviction be liable to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
SELANGOR Section 27 Sexual relations Any person who engages in a sexual act with another person
between persons of the same gender shall be guilty of an offence and shall be
of same gender liable on conviction to a fine not exceeding 2000 Ringgit or to
imprisonment for a term not exceeding 1 year or to both.
Section 28 Sexual intercourse Any person who performs sexual intercourse against the
against the order order of nature with any man, woman or animal is guilty
of nature of an offence and shall be liable on conviction to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
TERENGGANU Section 30 Musahaqah Any female person who commits musahaqah shall be guilty
of an offence and shall on conviction be liable to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
WILAYAH Section 26 Musahaqah Any female person who commits musahaqah shall be guilty
PERSEKUTUAN of an offence and shall on conviction be liable to a fine not
KUALA LUMPUR exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
136 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
SYARIAH (SHARIA) PENALTIES IN MALAYSIA FOR GENDER
NON-CONFORMING BEHAVIOURS
According to syariah laws in all thirteen states and in the federal capital of Malaysia, Kuala Lumpur: any male person who, in
any public place, wears a woman’s attire and poses as a woman shall be guilty of an offence and shall on conviction be liable to
a fine not exceeding 1000 Malaysian ringgit or to imprisonment for a term not exceeding one year or to both.
Additionally, in the state of Sabah, any female person who, in any public place, wears a woman’s attire and poses as a man
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding 1000 Malaysian ringgit or to imprison-
ment for a term not exceeding one year or both.
Higher penalties are imposed in the states of Pahang and Perlis, where any female person who, in any public place, poses as a
man (tasyabbuh), shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand Malaysian
ringgit or to imprisonment for a term not exceeding one year or to both.
Until May 2012, Pahang was the only state that did not penalise gender non-conformity. It is reported that because of LGBT
visibility, it now has syariah laws relating to “male persons posing as women” and “female persons posing as men.”131
KEDAH Section14 Liwat Any person who willfully commits an act of liwat shall be guilty
of an offence and shall, on conviction, be liable to a fine not,
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to both.132
KELANTAN Section 14 Liwat Any person who willfully commits an act of liwat that cannot be
punished under the hadd laws (hudud) according to the hukum
syarak (Islamic laws) shall be guilty of an offence and shall, on
conviction, be liable to a fine not, exceeding 5000 Ringgit or to
imprisonment for a term not exceeding 3 years or to both.133
MELAKA Section 56 Liwat Any person who willfully commits an act of liwat shall be guilty
of an offence and shall, on conviction, be liable to a fine not,
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 36 months or to both.134
Section 57 Attempt to commit Liwat Any person who performs sexual intercourse against the order
of nature with any man, woman or animal has to punished in
accordance to takzir and shall be liable on conviction to a fine
not exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 36 months or to whipping not exceeding 6 strokes
or to any combination thereof.135
MELAKA Section 58 Sexual intercourse against Any person who attempts to perform unnatural sex is guilty of
the order of nature an offence and shall be liable on conviction to a fine not
exceeding 3000 Ringgit or to imprisonment for a term not
exceeding 24 months or to both.136
134 Enakmen 6 Tahun 1991
Enakmen Kesalahan SyariahSyariah (Negeri Melaka) 1991 http://www2.esyariahsyariah.gov.my/esyariahsyariah/mal/
portalv1/enakmen/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/011744f940f251f04825707d002a1424?OpenDocument
135 Enakmen 6 Tahun 1991
Enakmen Kesalahan SyariahSyariah (Negeri Melaka) 1991 http://www2.esyariahsyariah.gov.my/esyariahsyariah/mal/
portalv1/enakmen/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/84a6a5cb3f30215f4825707d002a284c?OpenDocument
136 Enakmen 6 Tahun 1991
Enakmen Kesalahan SyariahSyariah (Negeri Melaka) 1991 http://www2.esyariahsyariah.gov.my/esyariahsyariah/mal/
portalv1/enakmen/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/74b75e1cee4acd884825707d002a3b0f?OpenDocument
138 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
STATE IN SECTION OF READING OF THE
MALAYSIA SYARIAH LAW LAW
NEGERI Section 65 Liwat Any person who performs sexual intercourse against the
SEMBILAN order of nature with any man, woman or animal is guilty of an
offence and shall be liable on conviction to a fine not exceeding
5000 Ringgit or to imprisonment for a term not exceeding 2
years or to both.138
PERAK Section 48 Un-natural sex Any person who performs unnatural sex is guilty of an offence
and shall be liable on conviction to a fine not exceeding 5000
Ringgit or to imprisonment for a term not exceeding 3 years or
to both and to whipping not exceeding 6 strokes.139
Section 49 Attempt to have Any person who attempts to perform unnatural sex is guilty
un-natural sex of an offence and shall be liable on conviction to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to both.140
PERLIS Section 13 Liwat Any female person who willfully commits musahaqah shall be
guilty of an offence and shall on conviction be liable to a fine
not exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to both.141
137 Enakmen 6 Tahun 1991
Enakmen Kesalahan SyariahSyariah (Negeri Melaka) 1991 http://www2.esyariahsyariah.gov.my/esyariahsyariah/mal/
portalv1/enakmen/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/4db8d0ac742b46f14825707d002a02fd?OpenDocument
138 Enakmen 4 Tahun 1992
Enakmen Jenayah SyariahSyariah Negeri Sembilan 1992 http://www2.esyariahsyariah.gov.my/esyariahsyariah/mal/
portalv1/enakmen/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/248c3c8da5eb8b10482570dd00064b5f?OpenDocument
140 Ibid.
SELANGOR Section 27 Sexual relations Any person who engages in a sexual act with another person
between persons of the same gender shall be guilty of an offence and shall be
of same gender liable on conviction to a fine not exceeding 2000 Ringgit or to
imprisonment for a term not exceeding 1 year or to both.
Section 28 Sexual intercourse Any person who performs sexual intercourse against the
against the order order of nature with any man, woman or animal is guilty
of nature of an offence and shall be liable on conviction to a fine not
exceeding 5000 Ringgit or to imprisonment for a term not
exceeding 3 years or to whipping not exceeding 6 strokes or to
any combination thereof.
JOHOR Section 25 Criminalise men for liwat but do not specifically target
women for similar criminalization.
PENANG Section 25 Criminalise men for liwat but do not specifically target
women for similar criminalization.
SABAH Section 82 Criminalise men for liwat but do not specifically target
women for similar criminalization.
SARAWAK Section 22 Criminalise men for liwat but do not specifically target
women for similar criminalization.
KUALA Section 25 Criminalise men for liwat but do not specifically target
LUMPUR women for similar criminalization.
140 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
PAKISTAN
“WHERE I CAN
ACTUALLY BE ME”
Experiences of Violence and Discrimination
O PAKISTAN
CONTE NTS
INTRODUCTION........................................................................................................................................147
INTERVIEWEE DEMOGRAPHICS ...........................................................................................................148
COUNTRY CONTEXT.................................................................................................................................149
MANIFESTATIONS OF VIOLENCE...........................................................................................................149
Emotional Violence....................................................................................................................................150
Physical Violence........................................................................................................................................151
Sexual Violence...........................................................................................................................................153
IMPACT OF VIOLENCE AND COPING METHODS.................................................................................157
LAWS AFFECTING LBT PEOPLE..............................................................................................................158
RECOMMENDATIONS..............................................................................................................................159
APPENDIX A: GLOSSARY OF TERMS.....................................................................................................160
146 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Our first set of respondents was from among
INTRODUCTION these. Using snowball sampling, we requested
our contacts to put us in touch with people they
From December 2010 to March 2012, knew personally. This method had limited success
as, even after our mutual friends vouched for our
the members of O Pakistan conducted
work, many of the potential respondents were un-
50 interviews (41 with LBT individuals comfortable with either the idea of the interview
in the first place or more specifically the main
and 9 with stakeholders in the
research focus: violence. Where possible, we asked
education, legal, non-governmental for the reason for their reluctance to participate.
Though we did not document their responses,
and journalism sectors).
as we considered that a violation of their stated
wishes, we can summarise the responses in two
Our method of identifying respondents ways: a simple fear of exposure; and a lack of con-
fidence in the merits and impact of such a study,
was based very much on access and
given that we live, as they asserted, in a repressive
security. Because we belong to the and dangerous environment.
community from which we have been
Due to a constraint of resources, not all the inter-
collecting data and because there is a views were transcribed and translated from Urdu
to English in time to be coded along with the rest
lot of risk attached to outing oneself,
of the data. This chapter is based on 23 out of
many of the respondents are friends the total 50 interviews that we conducted. It is a
deep regret of ours that the majority of the data,
and acquaintances.
which was left untranslated and uncoded is from
our interviews with khwajasaras. Some of these
interviews nevertheless have informed our analysis
so that these experiences are part of this chapter.
PAKISTAN
LOCATIONS OF LBT INDIVIDUALS INTERVIEWED
UZB
ZB
BEKISTAN
N TAJIKISTAN
CHINA
TURKMENISTAN
Jammu
and
where we have less of a presence and therefore Areas where research was conducted
were less able to establish the long-term trust that
served us so well in Lahore.
Most of our respondents came from Muslim back-
The three FTM interviewees were from diverse
grounds, though some Christian respondents are
backgrounds. Joan, who also identifies as a lesbian,
represented among the khwajasaras and two lesbian
is from a working class Christian background in
and bisexual women were Christian. Muslims make
Lahore. Umer comes from a middle class Ismaili
up 98% of the population of Pakistan. Religious
Muslim family in Karachi and now permanently
groups are largely insular, and members of minority
resides in the United States but still spends much
religious communities live amidst much violence
of his time in Pakistan. Mari, who identifies as
and abuse meted out against them by some
transgender but lives as a woman, is from a middle-
members of the Muslim-majority society.2 These
class Muslim family in Lahore and is employed in a
white-collar job; she earns a good income.
148 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
factors have limited our access across religious These norms are enforced by the police and by other
and class lines as our group is made of middle to State institutions, creating an environment where
upper-middle class LGBT people who are largely women in same-sex relationships and others who
from Muslim backgrounds. do not gender-conform cannot freely express
themselves or live their lives. (See “The Legal
As a result of this snowball method of gathering Landscape’ section in this chapter for details).
respondents and the respondents’ trepidation,
our sample is somewhat skewed in terms of class Dovetailing with this is an anti-American
dynamic. Most, though not all, of the lesbian sentiment occasioned by the US War on Terror
and bisexual women belong to the middle or and the continuous drone attacks on Pakistani
upper-middle class and are comfortable conversing people in the Northwest.3 Together, this creates
in English or a mixture of English and Urdu. All a situation in which human rights advocates
of the khwajasara respondents belong to the confront numerous barriers to their work, most
lower-middle or working class and their inter- notably a concern for the safety and security of
views were conducted primarily in Urdu, with a those whose situations they seek to improve.
few conducted in a mix of Urdu and Punjabi.
MANIFESTATIONS OF
COUNTRY CONTEXT
While Pakistan is imagined in the current global
VIOLENCE
climate to be a hotbed of terrorism, anti-woman The most widely reported violence was emotional
sentiment, fundamentalism and radical Islamism, violence, ranging from sexually explicit verbal abuse
the fact of the matter is that the Pakistani context in the streets to intense humiliation and psycholog-
is far more complicated. Where there is religious ical torture in the home. However, where physical
extremism and violence, there is also resistance, and sexual violence were reported, the violence
solidarity and community building among those was often extreme and heinous. We have chosen
directly affected by local, national and international to highlight the emotional, physical and sexual
structures that fuel inequality and discrimination. violence people face in their communities because
these are the most prevalent types of violence.
What complicates the Pakistani context is a mix Most often the violence that LBT individuals face
of deeply ingrained, structural problems that in their communities is a reflection of structural
are often at odds with each other and that pull and institutional violence. Moreover, State actors
ordinary Pakistanis in a variety of directions. The often exert violence against LBT individuals and
first is a growing Islamic sentiment within the fail to protect LBT people from other non-State
government and the populace that burgeoned in perpetrators. This creates a climate of permissiveness,
the 1980s during the time of the dictator Zia. where community members feel justified in their
Zia-ul-Haq staged a military coup in 1977 and violence or discrimination of those who do not
began an eleven-year reign in which Zia brought gender-conform.
about a number of regressive laws under a guise of
“Islamization,” some of which explicitly restricted
women’s equality and promoted a vision of women
as inherently immoral. The most infamous of this 3 “Demonstration: ‘230 Drone Strikes Carried Out in Past Five
was the rape law under the Hudood Ordinances Years,’” The Express Tribune, March 5, 2013, accessed on March
that required four male witnesses in order to 23, 2013, http://tribune.com.pk/story/515831/demonstration-
prove that a rape had occurred. Laws and legal 230-drone-strikes-carried-out-in-past-five-years/. Joshua Hersh,
“Hina Rabbani Khar, Pakistan Foreign Minister: Drones Are Top
institutions enforce prevailing gender norms,
Cause of Anti-Americanism,” Huffington Post, September 28,
which assume that all women are heterosexual, de- 2012, http://www.huffingtonpost.com/2012/09/28/hina-rabbani-
pendent on men, and do not display sexual desires. khar-drones_n_1922637.html.
5 Ghazala, bisexual. O Pakistan, Lahore, 2011. 9 Anam, lesbian. O Pakistan, Karachi, 2011.
6 Ghazala, bisexual. O Pakistan, Lahore, 2011. 10 Umer, transgender man. O Pakistan, Karachi, 2011.
150 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
21-year old Zuleikha, a bisexual woman, said that desire to leave the country is coupled with a desire
the woman she was in love with responded to her to be able to live openly, free from the barrage of
confession of love by telling her that, according to pressures that their families and society constantly
Islam, “There is no room for such love. This is not place on them.
normal.”11 Zuleikha is very religious and observant,
and believed, along with her peer group and the
woman she loved, that marriage is a cure to all the
problems in her life. She said, “… Like, I don’t
Physical Violence
have anybody in my life, anybody to love. That
Physical violence was often part of the repressive
emotionally as well as physically, both would go if
environment in the home. Homosexual and
I got married.”12
gender non-conforming individuals are threatening
to social balance because they do not reinforce
Joan and her partner, a working class Christian
the heterosexual family structure and the male
couple, tried to move to Dubai to work in a salon;
as head of household. Consequently, physical
they were in search of a place where they could
violence in the natal family (family of origin)
live together without family pressure. But they
was disturbingly common, triggered by disobeying
found themselves being forced to do sex work in
social and cultural expectations, gender non
Dubai. Once they managed to escape from there,
-conformity, rebelling against repressive gender
with a great deal of stress, they were returned to
practices, being caught in homosexual activity, or
the situation in Pakistan from which they had
being discovered in a homosexual relationship.
tried to free themselves – poverty and familial
Some are even killed by their relatives.
abuse.13 On her return, Joan found herself feeling
demoralised and downcast:
... where physical and sexual violence were
I feel helpless, because every day and every
reported, the violence was often extreme and
night, Maria lives at her parents’ house.
heinous.
Now her father is also living with her. Her
marriage is under discussion [by the family].
And when I hear it, I … feel weary. For how
Perpetrators of family violence were usually
long will I be able to stop these people?
parents, supported by siblings and, in joint family
Or for how long they are going to face the
homes, extended family members as well.
resistance? … And Maria says we cannot
live this way in Pakistan. People say a hun-
Umer, a transgender man from Karachi, reported
dred things here, she says once we’re out of
being beaten up by his father several times because
Pakistan we are going to live all our lives
he did not dress appropriately for his gender, He
together. And if things don’t work out, her
said, “ … he even beat me up for cutting my hair
family is going to marry her off.14
too short.”15
Joan’s weariness and depression comes from
Ghazala, a bisexual woman from Lahore,
the two of them having endured verbal abuse,
reported that members of her extended family
physical abuse, sexual abuse and economic abuse
would frequently taunt her, asking her parents
(in terms of eviction and loss of property). Their
“Why does she act like boys? Her attire is not
womanly at all, what will we do when she gets
married? People don’t like girls who act like boys.”16
11 Zuleikha, bisexual. O Pakistan, Lahore, 2011.
13 Joan, lesbian/transgender man. O Pakistan, Lahore, 2011. 15 Umer, transgender man. O Pakistan, Karachi, 2011.
14 Joan, lesbian/transgender man. O Pakistan, Lahore, 2011. 16 Ghazala, bisexual. O Pakistan, Lahore, 2011.
19 Joan, lesbian/transgender man. O Pakistan, Lahore, 2011. 21 Shaheen, lesbian. O Pakistan, Karachi, 2011.
20 Sherry, bisexual. O Pakistan, Lahore, 2010. 22 Shaheen, lesbian. O Pakistan, Karachi, 2011.
152 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
private sphere. This is similar to the experience of including the individual (Amir) for whom the
heterosexual cisgender women in Pakistan. celebration had been arranged. While the police were
transporting them, Amir, in fear of police reprisal,
As for violence in the public sphere, transgender jumped off the police van in an attempt to escape.
men and lesbians with a masculine gender presen- The other people present in the van allege that police
tation reported experiencing verbal harassment. shot at Amir and this caused his death. However, the
They rarely reported physical violence in public. police allege that Amir jumped off the van and hit his
Those who did report it spoke about unwanted head, which caused his death. There was no autopsy
sexual touching in public spaces. to determine the actual cause of death.25
Khwajasaras, on the other hand, reported that In another instance, the police arrested an
most of the violence they experienced occurred in entire party of people under an allegation that a
the public sphere, often on the streets during the man and a khwajasara named Rani were getting
course of their work, such as toli (begging), street married. The people arrested claimed they were
dancing and/or sex work. They reported a great having a ceremonial gathering for Rani while the
deal of verbal ridicule and verbal abuse, which police claimed a marriage was taking place.26
frequently led to physical and sexual violence.
A couple of guys added me [on a social He raped me … and then I decided that
networking site] and started chatting I am no longer going to stay there [at
and stuff, and sending me links of their home], because nobody was ready to
private parts or whatever … because most listen [to] me. When I tried to tell my
of the people think that bisexuals and mother, my uncle, my family, they didn’t
lesbians are sort of whores.27 accept. Even they were not ready to take it
seriously. They thought I am lying.32
Other interviewees see the sexual harassment of
LBT women as an extension of the harassment all Patricia, who was raped repeatedly in the home,
women in Pakistan face. Natasha, a lesbian whose recounted:
experiences of homophobia in Pakistan led her to
move to Canada, reported: Obviously I was shocked, scared and
hurt. Basically I felt insecure and felt
Well, in Pakistan on the streets, I guess like an object. I thought don’t I have a
there’s some amount of harassment, being choice, opinion or permission and the
pinched, being touched … [These are] right of owning my own body? Was it
common forms of sexual assault that most because of my physical weakness? Basi-
women in Pakistan face.28 cally, I felt that if someone is physically
strong, does that give him any right to
A few interviewees reported that they were sexually take advantage at those who are phys-
molested during childhood by someone they ically weaker then you? It’s wrong … I
knew, such as a male servant or a male relative. verbally abused myself that why I was
All had been violated more than once, some said physically weak and couldn’t stop that
the childhood sexual abuse continued for several incident to happen.33
years, and in some cases it lasted for as long as
six years. The interviewees were reluctant to
reveal the violations to family members because
they feared both the perpetrator and their families,
who could potentially chastise them, hit them or
hold them responsible for the abuse. As Zuleikha, 29 Zuleikha, bisexual. O Pakistan, Lahore, 2011.
a 22-year-old bisexual woman in Lahore said, “I 30 Umer, transgender man. O Pakistan, Karachi, 2011.
27 Sherry, bisexual. O Pakistan, Lahore, 2010. 32 Ghazala, bisexual. O Pakistan, Lahore, 2011.
28 Natasha, lesbian. O Pakistan, Canada (via Skype), 2011. 33 Patricia, pansexual. O Pakistan, Lahore, 2010.
154 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
MONICA34
Monica is a 22-year-old self-identified khwajasara supporting her, especially after Monica began to earn
who lives in Lahore. She was born male, identifies as money and helped support the family financially.
a woman, and calls herself gay to express her romantic
and sexual interest in men. She lives in an impoverished Monica also experienced a great deal of discrimination
area of Lahore in a rented apartment, away from her in the public sphere. She cannot travel in buses because
natal family. Unlike most khwajasaras, Monica is of the gender segregated compartments. “When I enter
educated – she was a bright student and studied till the women’s section they say I am not a woman so I
matriculation (10th grade board exams). She earns her should leave and when I move to men’s section, they
living by dancing at parties and through sex work. At joke and asked me to leave also. So, there’s no space for
the time of the interview she was not in a romantic me in local buses.” In this situation, she has to commute
relationship but keenly mentioned her male ex-partner via a rickshaw (three wheeler private vehicle), which is
who she used to love a lot. She did not mention her more expensive and a financial burden.
monthly income but reported living independently in
a rented house, bearing all her expenses as well as Every visit to a doctor is an ordeal. “I can’t go to any
supporting her family. government hospital because the doctors as well as the
patients think what is this strange thing doing here? I receive
As a student, although she was different from her loaded comments, gestures, and at times curses. So, I am
classmates, she reported that her peers or teachers never only left with the option of consulting a private doctor or
discriminated against her. When she was 15 years old clinic. [Choosing a private doctor or clinic may mean less
people around her made her realise that she was either discriminatory treatment.] But it is more expensive.”
gay or a khwajasara. She gradually accepted this and came
out to her parents and four siblings. They disregarded her Most of her experiences with violence in the public
assertion and went into denial, trying to convince her that sphere involved sexual and physical abuse. Monica is ha-
it was abnormal and wrong to be gay. She believes that rassed on the street daily, subjected to lewd comments,
this rejection was due to the pressure her close family was derogatory jokes, unwanted touching and grabbing by
facing from relatives as well as from society at large. strangers. She used to feel afraid, sad and angry about it.
Now, she has accepted it as something she cannot avoid.
She said, initially, it was very difficult for her to deal Monica reported that she was gang raped by a group of
with her family’s attitudes, but eventually she managed. “I drunken men during a party for which she was hired
have Jutt35 blood in my veins,” she says, “so it wasn’t easy as a dancer. She had gone to the party with her Guru
to break my spirit.” She reported that in the beginning her and other khwajasaras. Monica said no one stopped the
mother and then later her Guru, whom she kept referring perpetrators, not even her Guru, which was shocking for
to as “my owner,” were a great support to her. Monica. After the rape, she felt helpless, extremely
angry and sad. When she confronted her Guru about
Monica suffered emotional violence from relatives not standing up for her, she was told that it’s quite
and extended family, who cursed her and prayed that normal and usual to get raped by men in such parties.
God would damn her. The relatives pressured her It took Monica a long time to get over that horrible
mother to stop Monica from being khwajasara and experience. She said she developed resentment for her
resume the “proper” life of a cisgender man. Monica Guru after the incident. Her fellow khwajasara friends did
felt stressed and depressed but she never lost hope extend their emotional support to her. She said, “Now,
and continued to resist. Eventually her mother started I try to protect myself as well as my khwajasara friends,
and if someone tries to rape or molest my friends, I
offer myself to [the people who want to rape my friends]
34 Monica, khwajasara. O Pakistan, Lahore, 2011. and ask them to leave [my friends].”
35 Jutt is a caste name and they are culturally believed to be
strong-willed and stubborn.
When she turned 12, Shaheen’s movements and 37 “US Embassy In Islamabad Accused Of ‘Cultural Terrorism’ For
mobility were restricted and monitored. Her family was Holding Gay Rights Event,” Fridae, July 4, 2011, http://www.
very religious and conservative, and Shaheen reported fridae.asia/newsfeatures/2011/07/04/10982.us-embassy-in-
that all her life she felt an unsaid societal pressure to islamabad-accused-of-cultural-terrorism-for-hosting-gay-rights-
event. Peter J. Smith, “Pakistanis Denounce US Embassy’s Gay
Rights Party as ‘Cultural Terrorism,” Life Site News, July 26,
2011, http://www.lifesitenews.com/news/pakistanis-denounce-
36 Shaheen, lesbian. O Pakistan, Karachi, 2011. us-embassys-gay-rights-party-as-cultural-terrorism/.
156 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
and it was like, couple of times this happened.”39
IMPACT OF VIOLENCE
AND COPING METHODS Ghazala, a bisexual woman, who had experienced
a lot of physical violence from family members,
Given the harsh policing of gender norms, the including child sexual abuse, said that she was
ability to imagine life as a person with non- determined to prevent others from being abused
conforming sexual orientation, gender identity the way she was. “My cousin was going through
or gender expression was severely limited for our the same problem … I sat down with them and
respondents, which contributed to low morale, explained them everything in good detail and told
depression, and desire to leave the country. them if they get even the slightest hint of sexual
gestures, they should inform me immediately
LBT interviewees, particularly lesbians, bisexual … so one cousin shared it with me that he [the
women, gender non-conforming women (butch stepfather] tried forcing her as well, [and] I fought
lesbians), and transgender men, said that having for her in the family.”40
their activities, their non-conforming gender
expression and behaviour routinely controlled and Some of the LBT individuals survived family and
policed by family members created severe mental, marital violence by creating alternative systems
physical and emotional distress. Similar impact was of support among their friends. In some cases,
reported when individuals were ostracised by their they turned to extended family members who
natal families. accepted their sexual orientation, gender identity
or gender expression.
In most of the adult rape cases, where respondents
told their families about the sexual violence,
they did not get much support from their family ... the majority of the respondents ... were trying
and had to cope with the trauma on their own. to make a life in Pakistan in the face of adversity.
Many of them said that they internalised the
trauma (blamed themselves, blamed their sexual
Some of our respondents aspire to leave Pakistan.
orientation or non-conforming gender).
Maryam wants to leave the country and go
somewhere where she “can actually be me.”41
Coping with violence occurred in different ways.
Shaheen said that on a trip abroad she was holding
Amber, a khwajasara who had been physically
her partner’s hand and playing with her partner’s
and sexually assaulted by strangers on the street
hair and “It was perfectly okay. I understand that
as well as police officers, laughed when recounting
it’s not okay everywhere. But it’s not a crime, you
her experiences, leading us to conclude that
know. I want that.”42
normalising the violence (downplaying, ignoring
and “accepting” the violence) was a way of
In reality, the majority of the respondents did
coping. Amber said that the violence, harassment
not have this option or the opportunity to leave
and public humiliation was “part of the package
the country to escape violence and the social
of being in this field.”38
environment. Most were trying to make a life in
Pakistan in the face of adversity.
Fauzia, a bisexual woman in Lahore who had to
deal with being groped in public places said,
“Obviously it [unwanted touching] was very
offensive and very disturbing. So, I turned around
and hit the person, and lots of people gathered 39 Fauzia, bisexual. O Pakistan, Lahore, 2011.
38 Amber, khwajasara. O Pakistan, Lahore, 2011. 42 Shaheen, lesbian. O Pakistan, Karachi, 2011.
44 S arah Suhail. The Medico-Legal Policing of Gender Identity in 48 Article 227(1), The Constitution of the Islamic Republic of
Pakistan: A Case Study. Unpublished. Pakistan. “All existing laws shall be brought in conformity with the
158 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
constitution, which stipulates that all law must
be brought in conformity with the Qur’an and RECOMMENDATIONS
Sunnah (practices of the Prophet Muhammad).
It is evident from our interviews that LBT people
in Pakistan are caught in a complex situation
The Women’s Protection Bill was instituted
that depends on many factors. The government
in 2006 amending the Hudood Ordinance in a
of Pakistan does not provide many positive and
number of ways: firstly it took out Zina-bil-jabr
protective laws, and our respondents do not see
(rape as a hadd offence that garnered the highest
state institutions as a source of current or future
possible punishment) and placed it within the
support. Even though some respondents suggest
purview of the Pakistan Penal Code as the
that laws should be put in place to protect LBT
offence of rape. Secondly, any complaint regarding
people, most do not believe that the state will do
rape could not be converted to a charge of forni-
anything at all to help them.
cation under the new law. Thirdly, a number
of other offences like kidnapping, abducting
In many countries and for many movements, an
or inducing women for marriage, kidnapping
appeal to the legislators is usually the first step
or abducting for purposes of rape, and selling
to bringing about positive change. In Pakistan,
people for the purposes of prostitution, were
however, this is not necessarily the case and in fact
moved into the Penal code. These changes gave
might prove detrimental. There is very little unity
judges the authority to try cases under criminal
or even visibility among LGBT groups, or among
rather than Islamic law.
LGBT individuals of different class backgrounds
and regions of Pakistan. Thus, there is no con-
In 2010, The Protection Against Harassment
solidated movement for the protection of LGBT
of Women at the Workplace Act was signed
rights and no strong base of people coming
into law. This legislation put in place a complaints
together to call for public discussion on LGBT
mechanism for sexual harassment in the workplace.
rights or withstanding the backlash. Lesbians and
The mechanism has not been tested for sexual
bisexual women are also scattered far and wide,
harassment on the grounds of sexual orientation,
and often hide even from each other.
gender identity or gender expression. To do
so would likely incur greater harassment and
In the case of khwajasaras, headway has been
recriminations for people who are already at risk
made with the Supreme Court’s support of a
legally and socially for being non-conforming.
petition brought by khwajasara activists. However,
khwajasaras we talked to recommended strongly
Because by and large the state fails to protect
that the government should take legislative
the rights of LBT individuals who have been
measures to protect khwajasaras in Pakistan from
subject to violence or discrimination, the
discrimination and violence so they can have the
family becomes the only institution to which
full human rights to which they are entitled.
individuals must turn time and again in times
of need. However, the family is unregulated
No cases have been brought to the courts regarding
and often holds almost absolute control over
lesbians or bisexual women, so legally speaking,
the individual. There are no state institutions,
the rights of lesbian and bisexual women have not
such as LBT-friendly shelters, which could
been tested in the courts. They are not yet in the
support an LBT individual if he/she chose to
official notice of the courts or the legislature.
break away from his or her family of origin.
Secondly, we recommend that concerned funders and international human rights organizations
support, facilitate, participate in, and provide fora for LBT people to come together and organise support
for LBT issues and rights. The main focus of these fora should be consolidating LBT activism at the grassroots
level so that the communities can come together and decide for themselves what the next steps will be.
Thirdly, given levels of physical and sexual violence, we recommend that LBT and gay men’s groups
liaise with women’s and queer organizations to set up hotlines and safe houses for LBT people who might
need them when they are experiencing violence.
Fourthly, we recommend training and education programs for existing women’s shelters to sensitise
them about the needs of lesbians and bisexual women, and foster greater tolerance among the residents and
management of such shelters to the needs of lesbians and bisexual women. Furthermore, women’s rights and
human rights organizations in general should be aware of the issues that LBT people face and educate them-
selves about the aspirations and difficulties of non-heteronomative people.
Finally, we believe that the only way lasting change will come to Pakistani society is through Pakistanis
themselves, and in our context, this means through the institution of the family. No legal reform can take
hold until the institution of the family is ready to accept change. It is through the family that society at large
must be sensitised about needs of LBT people. We recommend that Pakistani LBT activists, human rights
defenders and allies foster long-term contact with organizations that work with families in order to slowly
sensitise the organizations and the families they work with – providing leadership and intervening in the
family structure to bring about changes in how LBT people are treated by their families.
160 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
PHILIPPINES
KWENTONG BEBOT
Lived Experiences of Lesbians, Bisexual
and Transgender Women in the Philippines
INTRODUCTION........................................................................................................................................167
INTERVIEWEE DEMOGRAPHICS ...........................................................................................................168
COUNTRY CONTEXT.....................................................................................................................................................................169
MANIFESTATIONS OF VIOLENCE .......................................................................................................... 174
Physical Violence........................................................................................................................................ 174
Verbal and Emotional Violence...............................................................................................................175
Violence in the Name of Religion...........................................................................................................176
Violence in Schools....................................................................................................................................177
Sexual Violence ..........................................................................................................................................177
MANIFESTATIONS OF DISCRIMINATION............................................................................................. 179
Discrimination in Schools.........................................................................................................................179
Discrimination in the Workplace ............................................................................................................179
Discrimination in Healthcare and Service Institutions........................................................................180
Restricted Access to Public Facilities.......................................................................................................180
State Discrimination ..................................................................................................................................182
IMPACT OF VIOLENCE AND DISCRIMINATION .................................................................................182
PHILIPPINES LAWS AND LBT PEOPLE..................................................................................................186
Legal Protections for LBT People............................................................................................................188
Stakeholder Responses ............................................................................................................................188
RECOMMENDATIONS..............................................................................................................................190
APPENDIX A: GLOSSARY OF TERMS....................................................................................................... 191
APPENDIX B: METHODOLOGY.............................................................................................................192
166 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
There is an oft-repeated belief among people
outside of the Philippines2 that the country enjoys
a high level of acceptance of lesbian, gay, bisexual
and transgender (LGBT) people, a conclusion
that University of the Philippines Professor, Neil
Garcia, says is “sadly misinformed.”3
168 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
A balanced approach was taken in these inter- mandated terms in office. In 1972, barred from
views to ensure a fair representation of stakehold- seeking a third term, he declared martial law and
ers from different sectors, including civil society, enacted a new constitution that enabled him to
government agencies, and medical and health pro- stay in power indefinitely, heralding the dawn of
viders from throughout the three island groups. an era of political persecutions, repression and
More than 25% of the 46 stakeholder interviews myriad human rights violations. In the People
involved representatives from civil society, which Power Revolution of 1986, civil resistance to his
included LGBT organizations, women groups, rule succeeded in ousting him from power.
human rights NGOs and reproductive health
advocates; 15% involved State sector representa- A second People Power Revolution in 2001
tives, including those from the legislative branch, replaced President Joseph Estrada with his
national government agencies, human rights Vice-President, Gloria Macapagal-Arroyo. Her
organizations and the state university. Medical nine years in office was dogged by claims of graft,
and health providers comprised almost 20% of corruption and human rights violations. In 2011
the stakeholders interviewed and included psychi- she was charged with crimes, including electoral
atrists, doctors, nurses and guidance counselors. sabotage, for which she still awaits trial at the time
About 39% of the stakeholders interviewed were of writing. Current President Benigno Aquino
drawn from a miscellaneous group that included III came to power in 2010 with a campaign
educators, religious leaders, employers and people pledge of upholding of human rights. However,
working in the media. to date, the impunity of security forces persists,
as do extrajudicial killings, torture and abuse by
security forces, disappearances, warrantless arrests,
COUNTRY CONTEXT violence against women, the abuse and sexual
exploitation of children, child labor and traffick-
The Philippines is a vibrant and culturally diverse ing in persons.7 Discrimination, violence and
archipelago comprised of 7,107 islands that are hate crimes targeting LGBT people are widely
home to 92 million people with more than 170 reported, and are exacerbated by the absence of
languages. The nation derives its names from King relevant legal protections and means of redress.8
Philip II of Spain, having been declared a Spanish
colony – “Las Islas Filipinas” – in the mid-16th The Philippines has both signed and ratified9 a
century. Spanish rule lasted for 333 years until number of United Nations (UN) human rights
Filipinos waged a revolution for national inde- covenants, treaties and optional protocols, many
pendence in 1898. The United States colonized of which have been integrated into national and
the islands during the Spanish-American War and municipal laws. These conventions include the
after a war between the new native government Convention on the Elimination of All Forms of
and the US.
170 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
According to the United Nations Entity for Gender that they act “manly,” do not cross dress, and do
Equality and the Empowerment of Women, (UN not discuss homosexuality.26 Transgender male-to-
Women) violence against women in the Philippines female (MTF) women are required to be in male
is high, attributed to deeply entrenched patriarchal clothing during duty hours. No public statement
attitudes and power imbalances within the family. is made about lesbian women in military service
The International Labor Organization reports that or training who prefer male clothing.
most women in the Philippines remain marginalized
and disadvantaged in relation to employment.22 The
Philippines is also a source country for trafficking
STATE ACTIONS
in persons, with women subjected to sex trafficking,
forced labor and involuntary servitude.23 In 2013 the [Philippines] government did
not join discussions on and chose to abstain
Although a professed secular state, the pervasive from voting in support of a UN declaration
and repressive religious environment and Roman calling for an end to extrajudicial killings
Catholic majority in the Philippines continue to based on sexual orientation.
hinder the progressive advancement of women’s
rights and negatively compound women’s strug-
A sampling of recent events illustrates the Philip-
gles in the country. Laws tend to closely adhere to
pine State’s uneven approach to the rights of LBT
a socially conservative agenda that mirrors Vatican
women. For the past 20 years, citizens have generally
policy, which often disenfranchises already vulner-
been free to organize groups and events aimed at
able sectors of the population, including LGBT
discussing, defending, and promoting LGBT rights
people. This is reflected in the current lack of leg-
with little fear of repression or restrictions from the
islation providing protection on the basis of sexual
state. Cases of marked discrimination are rare at the
orientation, gender identity or gender expression.
state level but they can be controversial. The political
The Philippines is one of only two countries left
party Ang Ladlad – a party comprised of and work-
in the world that does not allow divorce.24
ing for LGBT people formed in 2003 (then known
as AngLunduyan) – was initially disqualified by the
Consensual homosexual relations, homosexuality,
Philippine Commission on Elections (COMELEC)
and transgenderism are not illegal in the Philip-
in 2010 on the basis of moral grounds. At that time,
pines.25 However, major government agencies,
a commissioner labeled LGBT people as “immoral.”
such as the military and public schools, are yet
COMELEC issued a statement in which it said that
to formally articulate specific affirmative policies.
if accredited, the party would become a threat to
For instance, gay men are allowed to serve in the
youth, and would contravene the religious teachings
military and teach in schools, on the condition
of the Catholic church.27
25 “ Philippines Country Survey,” International Lesbian, Gay 27 P K Pascual, “Ladlad, Nine Years of Fighting for LGBT Rights,”
Bisexual, Trans and Intersex Association, accessed October 30, accessed February 13, 2013, http://ladladpartylist.blogspot.
2012, http://ilga.org/ilga/en/countries/PHILIPPINES/Law. com/search/label/Ladlad%20general.
172 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
JELAY
31-year-old Jelay (pseudonym) was born a biolog- a legal complaint against them but decided to withdraw
ical male in Zamboanga del Norte, a province in the the case because the village officers were mishandling
southern Philippines. Her parents are from Iloilo in the the procedures.
Visayas. She did not finish her Bachelor of Science in
Architecture degree and now works on a commission Her sexual “awakening” happened when she was
basis as a beautician in a salon. in second grade, when she was about eight years old.
On the night it happened, her 20-year-old uncle carried
She became aware of her identity as a woman when her into his room and forcefully asked her to suck his
she was in the Second Grade – the same time that she penis because he said she was bakla. She had no idea
started to make friends exclusively with girls. She also started about such things at that time. He forced himself on
to have boy crushes at that time. She always joined dances her; she was helpless and he was stronger than her.
and liked rifling through her mother’s clothes when she was She was crying when her mother came home, there
away. One time she was caught wearing her mother’s dress was blood splattered all over. Jelay was lying there with
and her parents scolded her. She started gaining her par- her anus torn and with some internal organs extruding.
ents’ acceptance when she did well in school and began to She was taken to the hospital and received stitches for
get on the school honor roll. When she was growing up, her her wounds. She also had to undergo a medico-legal
siblings accepted her for who she was. examination. She heard her mother, uncle and his wife
arguing. She heard them say that she was bakla and
Jelay was born Catholic but recently converted to that she had probably flirted and asked for this to hap-
the Baptist religion. As a Catholic, she had no problems pen. She felt undignified after this.
when she wore feminine clothes, but when she became
a Baptist they made her change her way of dressing. She Jelay’s case was brought to court. There were two
confronted the church pastor and told him she could court hearings. They asked her to take the witness stand
not do it because this was the way she was. From then and tell the court the details about what happened. At
on the pastor allowed her to dress according to her pre- just eight years of age, she was frightened and nervous.
ferred gender and be who she really was in church. Jelay She could hear some people blaming her; they said she
believes that in the eyes of God, we are all equal. was bakla and that she had flirted with her uncle and
provided the motive for him to force himself upon her.
Growing up, Jelay was always taunted for being Even the judge questioned her integrity. Because of her
bakla or bayot (effeminate) by random people on the age, her lawyer was able to defend her successfully. Her
streets, both males or females and kids and adults alike. uncle was found guilty and was imprisoned.
When she went to get a police clearance, the police
laughed at her and said she had “no use in society” be- For Jelay, the past often comes back to haunt her.
cause she was bakla. Six men physically assaulted her She believes that sometimes a person cannot move on
when she tried to defend a friend who was being ha- in the present without the past.
rassed and cursed. She was stripped and beaten, but de-
spite being outnumbered, she put up a good fight. She
suffered facial injuries and broken ribs. The six men were
arrested and detained by village officers. Jelay tried to file
Vanessa, a transgender woman, recalled growing … out of the blue, I have no idea whether
up in Dumaguete and being bullied and roughed this male person is crazy or what. The guy
up by her brothers. She said: pointed a laser light, the red one, at us. It
was very painful, particularly on the eyes
My friends dragged me to a dance party … he was standing outside the taxi on the
... I managed to borrow a dress and wig. side of the road. … Then he made a sign
Then my friend suddenly warned me that like this … like he will cut off your head.
my brother saw me. [My brother] boxed
me, my wig fell, I ran away. Several interviewees reported being subjected
to violence that involved the use of firearms or
Some transgender women said that their mothers, other weapons. Transgender woman Vanessa from
aunts or other female relatives, upon learning of Dumaguete encountered bullies who felt offended
their sexual orientation and/or gender identity/ seeing her in a dress. She said:
174 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
He beat me up and cut my hair while
insulting me… I was almost gunned Verbal and Emotional Violence
down… I managed to push my attackers,
and I ran away naked. I ran in a zigzag so Respondents reported that emotional violence
I dodged the bullets. largely came from family members, significant
others or ex-partners, co-workers, and strangers.
A number of the LBT respondents recalled This form of violence primarily involved criticism
incidences of violence in which the perpetrators, or rejection of actual or perceived sexual orientation,
while not directly referring to their sexual ori- gender identity or gender expression or the choice
entation, gender identity or gender expression, of partner. Respondents said that they were taunted
appeared to exhibit bias as a motivation for their or ordered to change their sexuality or gender
attacks. Lei, a transgender woman said: expression, for instance, by modifying their manner
of clothing and demeanor.
… the security guard [at the clinic] was
discourteous… You’re not supposed Stef, a transgender respondent:
to do that, I said. And he reacted, ‘Is
that so?’ Pak! He … hit [me] with My father asked, ‘Why do you look
the nightstick… They want me to use this way?’ My hair is long, my eyebrows
another line (a line for men), but I’m a plucked. I was in pink again. ‘Can’t you
woman, so what’s your problem? I had be more masculine?’ He said even if bakla,
an appointment there, and he blocked he’d want me to be more discreet. I could
my way… He was violent. have shorter hair… It’s so sad my own
father does not accept me although he
says, ‘I love you, you are my child.’ But I
Predominantly male members of family or still do not feel the acceptance.
clan ... had inflicted most of the physical
violence ... perpetrators often used violence Grace, a lesbian respondent:
as punishment for [non-conforming] sexual
orientation, gender identity or gender My mother said, ‘If I ever learned that
expression. you have a relationship with a lesbian, I
will kill you.’
Many attacks were sudden and unanticipated, Sometimes, family members communicated their
which left victims ill-prepared to defend them- discomfort about having LBT children through
selves. Jason, a transgender woman, said that he innuendos and jokes. Other times, the hostility
became used to being singled out and attacked: was overtly expressed. For transgender women
Alyssa and Magdalena, the insults heaped upon
When people get drunk, they goad the them were explicit and shaming in front of family
bakla34 with insults, then people start a or guests. Alyssa recalled:
brawl. So we band together and fight. In
the end, the bakla lose to the guys. Without … then [my father] will say to me, ‘You
warning, they would slap a bakla. That went out last night again, you just suck
starts the brawl. cock, like that.’ I think it is very painful that
he will say that in front of the family, ‘You
like, you just want to suck cock outside.’
34 B akla is a Tagalog word that conflates a wide spectrum of
SOGIE concepts that include male homosexuality, MTF
Magdalena said:
transgenderism, and transvestism. Bayot is its equivalent in
the Visayas and Mindanao island groups. Refer to Terminology
section for further explanation. I was playing with my nephew... I was
I left everything behind in Manila just I think what happened was a result of my
for you guys and this is how you repay parents being constantly bombarded by
me? You’re kicking me out?... I lived in advice from their … church. Before [they
boarding houses; I’ve never been kicked started going to church], they were not
out [by them] but here, within my own like that. It seemed that they knew [my
family, my father kicks me out. So I was sexual orientation] and they were letting
really, really hurt. me be; but with that pressure from the
church, they became strict with me.
Many of the LBT women interviewed for this
research also reported experiencing verbal and Other respondents coped by either quietly
emotional violence outside of the home. Brigite, conforming to the rules of their church or by
a transgender sex worker, recalled a saleswoman leaving the church altogether. Kaycee, a trans-
addressing her as “Sir.” “That’s an insult. Oh my gender woman, said:
176 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
I was born Catholic, my father reminded the bayots35 won’t march at all … they
me... when I told him I am a woman, he think we are only slacking off. But we
said, ‘No, you’re not, you’re born male, weren’t relaxing at all because we waxed
you have to be man, you’re a boy’ … I the floor… sell soda drinks, carrying soda
said I am not in between, I am a woman... cases… we really got two punches that
That’s why I changed my religion … [to time, which is not right … our bodies
what] I call paganism or pagan. were still so thin that time.
Some respondents like transwoman Vanessa had Respondents said emotional violence from fellow
an opposite reaction to religious pressure: students was commonplace. Transgender re-
spondent Vanessa recalled being taunted by her
Religion doesn’t influence me on being classmates in high school:
a transgender. Religion did not have an
effect on me. I just believe in God. I walked in the corridors just not to be
seen by the students. Once you walk
[along an open pathway or outside] the
building, they taunt you: ‘Bakla! Bayot!’
Sexual Violence
Many of the respondents reported being raped
within their families. Most of the victims were
transgender women who were sexually abused by
uncles during childhood and in pre-pubescence.
Pol, transgender respondent:
… the officer, he was super angry because 35 B ayot is the Visayan language word for bakla. See Glossary
section for further explanation.
Transgender woman Jelay said: Anne, a bisexual woman, said her former male
partner used physical and sexual assault as a
He [my uncle] lifted me bodily into the means of denigrating her sexual orientation:
room. He said, ‘You’re a bakla so you suck
my penis.’ Of course, at that time [I was [It happened] a few times. I denied it
in second grade], I had no idea about because it is one of the justifications he
those things. Then he told me to just suck had in beating me, so I totally denied it
it…[He raped me and] my anus was torn, after. But he wouldn’t believe me [refer-
some organs came out of the wound, and ring to her sexual orientation]. He even
it was stitched later. humiliated me also because of that...
Because I think he found it intimidating,
that’s what he said anyway. “What can
Several respondents said they had considered you find in those women?”
suicide in the immediate aftermath of verbal
abuse, which often represented the culmination Many people in the transgender community
of years of mistreatment. advise against working in typecast occupations,
suggesting instead that transgender people take
up corporate work or enter political office to
avoid discrimination and abuse. However, one
At the time, only cisgendered women could be
transgender woman who worked as a village
legally considered rape victims, but a case was
official found that her position offered her no
filed nonetheless against Jelay’s uncle. During
protection from a colleague’s sexual advances.
the court hearing, both the local community
and the judge were alleged to have commented
Lei, transgender respondent:
on the presumed role Jelay’s own identity as a
transgender girl played in the assault. According
… we were talking, then he said, ‘You
to Jelay:
are very … Kap36 … Your hands are
a bit unbecoming. We’re just going to
When my mother came home [after the
look at your [breasts] …’ I’ve heard from
attack], I had a lot of blood here [indicat-
other kagawads (village officers) who are
ing his buttocks], and … my mother and
with me that he brags that he was able to
my uncle and his wife [argued, saying],
mash my breasts.
‘She is a bakla she probably flirted and
asked for it.’ It was brought to court
Transgender women in our research also
because I was a minor that time, and [my
reported being subject to physical and sexual
uncle] was sent to prison until now…
violence at the hands of strangers or acquaintances,
which included unwanted touching of the
There was a hearing, and of course
body, forced sexual acts, humiliation and the
people from both sides came [to court].
inflicting of pain.
His side of the family, they were saying
things like, ‘Because she’s bakla, maybe
she flirted with the guy.’ … The judge
questioned me; he thought maybe I was
showing motives for the guy … Then 36 Kap is a colloquial honorary title, the abbreviated form of
capitan de barangay (village captain).
178 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Candy, transgender respondent:
MANIFESTATIONS OF
Men who hang out at [street] corners,
they touch me. They ask me while doing DISCRIMINATION
that, ‘Do I have a vagina yet?’ I tell them,
‘None yet, just wait and we’ll get there.’
Discrimination in Schools
Svetlana, transgender respondent:
Some teachers appeared to impose their own
There was this guy [from out of nowhere] personal values and used institutional rules to
forcing me to have sex with him. I told suppress people’s gender expression, including
him I can’t, I made all the excuses – No, giving students lower grades than they deserved.
no, no, am so tired, I have boyfriend.
Suddenly I told him, [I] am sick, I have Lesbian respondent Kel:
STD … he grab me somewhere in the
dark, push me, like do something about … she [my high school teacher] said …
it, do something very sexual like… I was I should behave accordingly and not like
able to escape. the way I’m behaving now... I had some
crushes, too; she didn’t like it... that’s why
Madelene is a transgender rape survivor, and was she’s involving my grades.
able to put her abuse in a social context, lament-
ing the fact that she was considered a slave, a Many of the LBT women interviewed said they
toy, the recipient of punishment, a worthless sex felt pressured to alter their preferred gender ex-
object, a used object, a nothing: pression while at school and while wearing school
uniforms. They reported that some officials explic-
My hands were tied behind my back and I itly sought to change their behavior. Transgender
was stripped of my clothes. Good thing I woman, Madelene, said:
was able to escape... it was just ‘attempted’
[rape], I mean... like you’re a sex slave; [a] You get to talk with the disciplinarian.
play toy. It is tolerable men to have sex They act like, “Why are you being
with a transgender because [the perpetrator disciplined?’ [I said] because of what
is] still a man and it is [the transgender I wore, sir. ‘What are you wearing?’
women’s] punishment because he’s making Women’s clothes. ‘Why are you wearing
himself a woman. Punishment ... look, a woman’s clothes? You’re a man. Don’t
you’re dressed like a woman so I’ll have sex you know that it is a sin... because you
with you ... It is like we’re just being used are born as a man? God never made
because we do not have worth. You’re a man as a woman.’ They really let you
sexual object. You are used, and after that feel guilty so that you revert back to be
you are nothing. like that.
180 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
ANGEL
Angel (pseudonym) is 42 years old and identifies became very angry with her, particularly her sister
as a lesbian, or in her local language, a dong. She was and brother. Her sister accused her of being immoral
born in Davao City while her parents are from Leyte and of not wanting her children (Angel’s nephews
and Samar in the Visayas. She completed a BS Agriculture and nieces) to witness her immorality. Her brother
degree and worked as a government employee for four said that he might kill her. At the height of his rejection,
years before venturing into business. Her entrepreneurial he took out a gun and shot their pet dog. Angel was
spirit led her to open an Internet cafe and bar. She forced to run away without a single peso in her pocket
also rented out videoke [karaoke] machines when they and live with her girlfriend and girlfriend’s family. She
were a popular fad. did not want to leave her family because they were
important to her but these circumstances led her to
Angel began having crushes on girls while in start a life of her own with her girlfriend. Angel worked
high school, but she kept denying these feelings. She at different odd jobs to survive and to supplement the
suppressed her feelings for a long time because she income from their small sari-sari [mom-and-pop]
disliked the idea of becoming a lesbian. Her fear of store. She began a family of her own, and together
being taunted kept her from telling her close lesbian with her partner raised a daughter.
friend about her feelings. Instead she sought refuge in
God, with whom she shared her innermost feelings. At Angel continues to go through the demands of
that time, she prayed hard not to be a lesbian. When everyday life as a dong. Her masculine appearance
she was in college, Angel started opening up to other means she often encounters banter in female toilets or
people about her attraction to girls, but she remained quizzical looks when she accesses health-care services.
guarded and kept it from her family. She was masculine She is taunted for being a butch dong. But for her, the
in character and was not open to her family about most difficult part is her family’s rejection. She finds
her same-sex relations because of their Catholic back- it difficult when it is her family who is her adversary.
ground; her mother and siblings were active in church. She has spent the past eight years striving to show
When she was younger, she hated wearing skirts. Her her family that she can make it on her own without
mother and sister usually dragged her to the depart- asking for their help. She acknowledges that she is not
ment store and bought her skirts and feminine clothes, immoral; she still prays and considers herself a child of
even though she did not wear any of them. God no matter what.
At the age of 24, having waited until she was old Recently, Angel broke up with her live-in partner
enough, she fully accepted her own identity as a dong and now lives alone. Her daughter is now under the
and entered into a relationship with a woman. She did care of her aunt. For a long time her brother tried to
not have any plans to live with a woman at that point, at initiate dialogue with her, but Angel rejected his efforts
least not until her family learned about the relationship. until recently. Now reconciliation with her family has
begun. She looks forward to a liberated, happy and
She was 32 years old when her family discovered empowered life ahead.
her relationship. It was both a happy and sad event –
happy because it liberated her but sad because her family
was angry with her. They rejected the relationship and
182 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
about things, and oftentimes I get more
prejudgment. Sometimes I prefer to stay COPING METHODS
home rather than go out.
AND LBT RESILIENCE
Several respondents said they had considered sui- Community support was often lacking or absent
cide in the immediate aftermath of verbal abuse, for LBT women. Law enforcement also failed to
which often represented the culmination of years intervene when there was violence.
of mistreatment. Stef, a 24-year-old transgender
woman, said: Anne, a bisexual woman was in a physically abu-
sive marriage for a year:
My mom scolded me again that time,
I don’t know about what, but it is con- I remember there was a time and he
nected with my being gay. I kept on [my husband] was beating me ... I could
crying on the stairs. I got a knife and see the neighbors outside. Can you
attempted to cut my wrist. imagine neighbors and police outside?
And nobody would get in. The police
Vanessa, a 61-year-old transgender woman, said said they could not interfere because it
the violence she had faced at home had led her was a domestic problem. So they were
to drop out of school early. She said her lack of outside but they wouldn’t help.
education had seriously impacted her ability to be
financially independent later in life: Jason, a 21-year-old transgender woman, felt
it was preferable not to rely on people from
I didn’t finish my studies because I was outside the LBT community in overcoming
battered by my brothers. They didn’t want discrimination:
me to be transgender/effeminate gay.
Maybe it can help, but in my opinion
Grace, a 21-year-old lesbian graphic artist, said we should fight our own battles and not
that repeated attacks by co-workers had impacted depend on others.
her performance at work:
Many LBT people we interviewed said they relied
It’s like I have moments that I would just on inner fortitude and support from friends to
stare off, I couldn’t work. It’s like I keep on cope. Some respondents said they received their
questioning, ‘Is my drawing alright?’ They first tangible support and advice from school
[co-workers] really damaged my confidence guidance counselors or class advisers. Grace, a
as an artist. So it was not just about the work- lesbian graphic artist, said that one of her teachers
place anymore, it was on a personal level. had recommended that she not come out to her
parents until much later in life:
One respondent said she vowed to overcome
adversity and use her experiences with workplace A teacher advised me; she said, ‘Don’t tell
discrimination to fight for equality for other LBT them yet because you’ll never know what
people. Rain, a transgender woman who works as your parents are going to do. You are still
a recruitment officer in a call center said: studying. Take my advice,’ she said. “You
tell them once you have a job of your own
As recruitment personnel myself, I always and you’re living on your own.”
make sure that I am sensitive. I uphold
equality and think about what I do be- Krizia, a lesbian, said she provided support to
cause I know that I can do better com- another gay friend who was experiencing violence:
pared to the HR personnel [who discrimi-
nated against me] before. I tell him that it’s alright, that he’s still
184 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
me. Because, you know, back there I
day with her high school group, three girls who
were devout Christians: was the only effeminate child in the
neighborhood. I think they were envious
Then we were in a car, I told Ruth… I am seeing a child who liked dancing and
bothered since it’s considered a sin… Her singing in town fiestas.
response was really, really unexpected. She
said, ‘You know our God is a just God. Sugarli, transgender respondent:
He will not punish you or send you to
hell because you’re a lesbian. He or she [Discrimination] never happened
will judge you depending on what you because our principal is very support-
did with your life. So don’t worry.’ ive and they find me very productive
because I always help, especially those, in
Two transgender women said they were lucky programs in school.
to have grown up in supportive environments.
Randy, a transgender respondent, said: Raycee, a transgender woman who works as a free-
lance researcher, had a positive experience with the
Where I come from, people liked me. Department of Foreign Affairs:
I was this jolly kid that everyone liked.
Some were even pointing out that they I went to the DFA to renew my passport,
wanted to have a child somewhat like and then a certain man interviewed me,
186 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
1. “Any person having no apparent means of determine the impact this is having on gay men
subsistence, who has the physical ability to and transgender people.
work and who neglects to apply himself or
herself to some lawful calling”; Articles 336 (acts of lasciviousness) and Article
340 (corruption of minors) of the RPC have
2. “Any person found loitering about public or
been the provisions most frequently used as a
semi-public buildings or places or trampling
pretext to arrest, detain, charge, convict and
or wandering about the country or the
sentence transgender women and bakla who have
streets without visible means of support”;
been found guilty of having sexual contact with a
3. “Any idle or dissolute person who ledges in male. After rape was redefined in 1997 to include
houses of ill fame; ruffians or pimps and those acts of sexual assault against men, RA 8353 or the
who habitually associate with prostitutes,” and Anti-Rape Law45 became the preferred tool used
against bakla, and transgender women, who under
4. “Any person who, not being included in
Philippine law are still considered male.
the provisions of other articles of this Code,
shall be found loitering in any inhabited
Article 200 defines a grave scandal as one com-
or uninhabited place belonging to another
mitted by “any person who shall offend against
without any lawful or justifiable purpose”.41
decency or good customs by any highly scan-
dalous conduct not expressly falling within any
Article 202 also defines “prostitutes” as “women other article of this Code.”46 This vaguely defined
who, for money or profit, habitually indulge in provision is also used as basis for conducting raids
sexual intercourse or lascivious conduct.”42 This of bars and saunas frequented by gay males.
Article is often used as basis for the arrest of
gay men and transgender women for vagrancy. Article 201 under the “Offenses Against Decency
However, despite the frequency of arrests made on and Good Customs” provision which prohibits
this basis nationwide,43 to our knowledge few formal “immoral doctrines, obscene publications and ex-
complaints were lodged, next to no investigations hibitions and indecent shows”47 is used as a pretext
were undertaken, and no convictions were made. It to conduct searches of leisure establishments for the
would therefore appear that the arrests were acts of presence of pornographic material or proof of strip-
harassment rather than an enforcement of the law. ping or theatrical displays of sexual intercourse.48
In 2012, Congress repealed the vagrancy portion of
the law but retained the criminalization of pros-
titution for women only.44 It is hence too soon to amended, otherwise known as the Revised Penal Code),
Republic of the Philippines, Congress of the Philippines,
July 25, 2011, accessed October 28, 2012, http://www.gov.
ph/2012/03/27/republic-act-no-10158.
41 An Act Revising the Penal Code and Other Penal Laws, The
Revised Penal Code of the Philippines, accessed February15, 45 R epublic Act No. 8353 [The Anti-Rape Law of 1997], Philippine
2013, http://www.un.org/Depts/los LEGISLATIONANDTREATIES/ Laws, Statute and Codes, Chan Robles Virtual Law Library,
PDFFILES/PHL_revised_penal_code.pdf. accessed October 29, 2012, http://www.chanrobles.com/
republicactno8353.htm.
42 A n Act Revising the Penal Code and Other Penal Laws, The
Revised Penal Code of the Philippines, accessed February 15, 46 A n Act Revising the Penal Code and Other Penal Laws, The
2013, viewed February 15 2013, http://www.un.org/Depts/los/ Revised Penal Code of the Philippines, accessed February15,
LEGISLATIONANDTREATIES/PDFFILES/PHL_revised_penal_ 2013, http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/
code.pdf. PDFFILES/PHL_revised_penal_code.pdf.
43 C hristopher Mendoza, “BSTPO Collars five lady boys and two 47 A n Act Revising the Penal Code and Other Penal Laws, The
commercial sex workers,” Boracay Sun Newspaper, 2012, Revised Penal Code of the Philippines, accessed February15,
accessed October 29, 2012. http://boracaylive.com/news/ 2013, http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/
bstpo-collars-five-lady-boys. PDFFILES/PHL_revised_penal_code.pdf.
44 R epublic Act No. 10158 (An Act Decriminalizing Vagrancy, 48 “Human Rights Violations on the Basis of Sexual Orientation, Gender
Amending for this Purpose Article 202 of Act No. 3815, as Identity, and Homosexuality in the Philippines, A Coalition Report,”
188 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
the welfare of people with disabilities, with the aim
Stakeholder Responses of making them “productive members of com-
munity.” While championing the rights of LGBT
In consideration of the legal landscape for LBT people, this stakeholder had a minimal understand-
people in the Philippines, we asked representatives ing of sexual orientation and gender identity and
from state agencies to respond to the violence and the concerns of LBT women, which highlights the
discrimination that LBT people are facing. need for more engagement with LBT CSOs.
The executive director of the Presidential Human The other stakeholder respondent, a Congressman
Rights Committee (PHRC) signaled that proactive from the House of Representatives with a strong
steps were being taken: “Right now we are taking human rights background, had filed an anti-
certain steps to present to the President that there are discrimination bill that he felt, in retrospect, was in-
pressing human rights issues in the LGBT com- sufficient. He said, “There will be a need for a more
munity. That is why we are engaging many CSOs comprehensive and a more all-encompassing bill like
… to touch base and get to know [their] demands the CEDAW [Convention on the Elimination of All
and concerns; that is, to identify the affirmative Forms of Discrimination Against Women) or the
action that must be done for them.” The PHRC is framework of the CEDAW, for LGBTs.”
in charge of ensuring proper implementation of UN
human rights conventions by the three branches of He also said that the executive branch had more
government. At the time the interview was con- powers than the legislative branch to address
ducted, the PHRC had conducted several meetings SOGIE [sexual orientation, gender identity and
with LGBT advocacy groups.56 gender expression] rights. A representative from the
Philippines Commission on Human Rights, who
Representatives from other executive agencies who served as its ombudsman and capacity-builder,
we interviewed for this study, such as the National signaled the agency’s readiness to go beyond
Commission for Indigenous Peoples (NCIP), available laws, and apply all UN instruments, such
the Population Institute (PI), and the Philippine as the CEDAW and the Yogyarkarta Principles,57
Commission for Women (PCW) did not elab- in order to hold the government accountable to its
orate programmatic steps towards addressing human rights obligations to LBT people.
SOGIE-related issues, but said their programs
were open to everyone, regardless of SOGIE. All While many of these initiatives are outwardly
three echoed the view that domestic violence laws positive, there are to date no specific govern-
could cover LBT people. The PCW and NCIP ment-agency service provisions that address the
said agency directives were decided on a top-down gender-specific needs of LGBT people. When
basis, and that the organizational culture allowed asked if agency offices have specific programs in
for only very gradual change. The PI conducts place or targeted orientation for LGBT clients,
minimal policy work and has no service programs the government-agency representatives inter-
that could impact the welfare of LBT people. viewed for this study uniformly said that LGBT
people could avail themselves of all their general
Two other stakeholder respondents were elected programs and that no one was discriminated
legislators – one from local government and one against in service provision. This assertion was
from national government. The first, a member of contradicted by our research.
the Cebu Provincial Board, had filed a local an-
ti-discrimination ordinance as an action to support
56 S amar News, “Malacañang hosts historic LGBT rights confab,” 57 Y ogyakarta Principles are a set of international principles
Samar News, December 12, 2011, accessed February 13, 2013, relating to sexual orientation and gender identity. See more at
http://www.samarnews.com/news2011/dec/b421.htm. http://www.yogyakartaprinciples.org/.
GOVERNMENT
CIVIL SOCIETY
190 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
• Provide assistance and resources for volunteer groups and NGOs that are already providing legal,
medical and counseling services for LBT women; and
• Support more research to better understand the situation of LBT women.
192 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Visayas and Mindanao) were all represented. were eventually not included in the analysis.
The majority of the LBT interviews involved These interviews breached research protocol,
transgender women (58%); about 29% involved which said interviews should be conducted with
lesbians and 9% bisexual women (see Table 1). only individual interviewees and with respon-
dents who identified as women. The country
TABLE 1: DISTRIBUTION OF INTERVIEWS BY GROUP team did not want to offend the sensibilities
of transgender males; hence the interview with
GROUP TOTAL PERCENTAGE
the transgender man was conducted but not
Bisexual Women 5 8.5 included in the analysis of data from the pool
Lesbians 17 28.8 of women-identified respondents. The LBT
Transgender Women 34 57.6 interviews were recorded and transcribed, and
Others 3 5.1 interviews conducted in local languages were
translated into English.
Total 59 100.0
Bisexual Women 5 0 0 5
Lesbian 10 3 4 17
Transgender Women 31 3 0 34
Others 0 0 3 3
Total 46 6 7 59
194 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
SRI LANKA
“NOT GONNA TAKE IT
LYING DOWN”
Experiences of Violence and Discrimination
as Told by LBT Persons in Sri Lanka
INTRODUCTION .......................................................................................................................................201
DEDICATION ............................................................................................................................................ 203
ACKNOWLEDGEMENTS ........................................................................................................................ 203
INTERVIEWEE DEMOGRAPHICS........................................................................................................... 204
HUMAN RIGHTS CONTEXT IN SRI LANKA ........................................................................................ 206
MANIFESTATIONS OF VIOLENCE BY NON- STATE ACTORS AND PRIVATE INDIVIDUALS........ 208
Emotional Violence................................................................................................................................... 208
Verbal Abuse as Violence ....................................................................................................................... 209
Violence of Cultural Norm and Gender Norm Enforcement .......................................................... 211
Physical Violence ....................................................................................................................................... 211
Sexual Violence ..........................................................................................................................................212
Intimate Partner Violence......................................................................................................................... 214
DISCRIMINATION AT THE WORKPLACE ............................................................................................. 215
VIOLENCE AND DISCRIMINATION BY STATE ACTORS...................................................................... 218
ACCESS TO REDRESS............................................................................................................................... 219
IMPACT OF VIOLENCE, RESPONDING AND COPING .................................................................... 220
Affective Responses ................................................................................................................................. 220
Passive Responses .................................................................................................................................... 222
Active/Activist Responses......................................................................................................................... 223
LAWS AFFECTING LBT PEOPLE IN SRI LANKA ................................................................................. 225
Section 365A - Penal Code – Gross Indecency ................................................................................. 225
Section 399 – Penal Code - Cheating by Personation...................................................................... 226
Vagrancy Ordinance of 1842.................................................................................................................. 226
Fundamental Rights ................................................................................................................................. 226
International Treaties................................................................................................................................ 227
RECOMMENDATIONS............................................................................................................................. 228
REFERENCES............................................................................................................................................. 229
APPENDIX A: TERMINOLOGY ................................................................................................................231
APPENDIX B: GLOSSARY OF TERMS ................................................................................................... 232
APPENDIX C: METHODOLOGY ............................................................................................................ 234
INTRODUCTION
From 2010 to 2012, the Women’s Support Group
(WSG), a Colombo-based non-governmental
organization (NGO) providing support and
advocacy for lesbians, bisexual women and
transgender people (LBT),2 documented experi-
ences of violence and discrimination specific to
LBT people in Sri Lanka. This initiative, titled
the Asia Action Research to Address Violence
Against Non-Heteronormative Women and
Transgender People on the Basis of their Sexual
Orientation, Gender Identity or Gender Expression,
was part of a five-country project spearheaded
by the International Gay and Lesbian Human
“I think the biggest discrimination for
Rights Commission (IGLHRC).
me was from my family. Emotionally
The WSG carried out 33 qualitative interviews
and verbally they have discriminated
with LBT people and 51 qualitative interviews
[against] me - their denial that I am with related stakeholders (i.e., lawyers, doctors,
mental health professionals, media representatives,
a lesbian and the refusal to accept
employers, religious leaders, representatives
anything other than me being with a of educational institutions, NGOs, and state
employees). Questions were structured around
man as being ok…They at best hide
the following themes: emotional violence, physical
my sexuality or refuse to acknowledge violence, sexual violence, intimate partner
violence, workplace discrimination, state violence,
it. So the problems are actively from
access to redress and coping mechanisms.
them and it continues still.”
The interviews provided crucial insights on LBT
– Mallika1, early 40s, identifies as a femme lesbian
human rights issues, which had never before been
documented in Sri Lanka.
“My partner’s family forcibly tried to give
One key research finding is that Sri Lankan
her pills and medicine to cure her. They lesbians, bisexual women and transgender people
most commonly experience emotional violence
tried very hard to change her into a het-
as a result of their sexual orientation, gender
erosexual... [T]wice she was subjected identity or gender expression (SOGIE). All 33
LBT interviewees had experienced some form
to electric shock therapy.”
– Roshmi, 39 years old, identifies as a lesbian
2 For the purpose of this research we will include both
transgender men and women. The acronym ‘LBT’ will
be used as an abbreviation for Lesbian, Bisexual and
Transgender. This umbrella term is meant to include
lesbians, bisexual women, transwomen (male-to-female
transgender persons) and transmen (female-to-male
transgender persons).
1 All names have been changed to maintain anonymity and
confidentiality.
202 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
had worked with many LBT people, especially in
the area of transgender issues, was aware of the
problems in the Sri Lankan mental health system
and the scarcity of specially trained professionals
working with LBT individuals. She identified
the need for more clinical psychologists to work
with LBT individuals and also stressed the need
to educate the public on issues relating to sexual
orientation, gender identity and gender expres-
sion. She said, “People have a right to live this
particular way as long as they are not into harmful
behaviours [sic].”4
DEDICATION
This study is dedicated to Sunila Abeysekera
(1952 – 2013), a founding member of the
Women’s Support Group (WSG), but most
importantly, a mentor and inspiration to all of
us who continue to advocate for the right to be
free from violence and discrimination based on
sexual orientation, gender identity and gender
expression.
ACKNOWLEDGEMENTS
The Women’s Support Group would like to thank
all the respondents who willingly shared their
stories of despair, hope, courage and resilience in
order to make this research possible. We are also
grateful to all the stakeholders who participated in
this study.
DEMOGRAPHICS 40 +
30-39
SRI LANKA
SELF-IDENTIFICATION: SEXUAL ORIENTATION
20-29
BISEXUAL
FEMALE
MALE FEMININE
5 For this research, we use the term ‘queer’ to represent people Education: Fourteen interviewees had completed
with non-conforming sexual orientation, gender identity and
tertiary education, eight interviewees held an un-
gender expression. One of the participants used the term
“queer” to identify herself as it provided a broader identity than dergraduate degree, and eleven had postgraduate
the term “lesbian.” qualifications.
204 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Employment: Of the 33 respondents, 30 were Another common response was the association of
employed in the formal sector. In terms of annual in- homosexuality with HIV/AIDS/STDs. Mohomad,
come, four interviewees earned below USD $3,000; a Muslim Maulavi (religious leader of Islam) says:
nine earned between USD $3,000 and 5,000; seven
earned between USD $5,000 and 10,000; and eight God has made 100% sure that if such
earned more than USD $10,000. Two interviewees things exist between men or between
did not have a fixed income. women... unidentifiable diseases that have
no medicine will be spread. The Quran
Stakeholder Interviews: Of the 51 stakeholder mentions that those who approve of such
interviews, seven were conducted with people who things will die of humiliation and blame.7
worked in state agencies; eleven with human
rights advocates (including lawyers and women’s A third response was that homosexuality was
rights activists); seven with service providers inappropriate and ran counter to the existence of
(including mental health and medical health cultural and religious sensitivities in the country
professionals); and 26 with employers and according to Menika, a school principal who
representatives of media, religious and educational says that she “...cannot say that it is appropriate
institutions. Time constraints permitted the when we consider our surroundings” (referring
analysis of only 30% of all stakeholder interviews to Sinhala and Tamil cultures).8 LBT people
(i.e., 16 stakeholder interviews), and this limitation were also viewed as “people who have some kind
may affect the conclusions in this chapter. However, of sexual or psychological disorder, who cannot
participant recruitment was designed to capture live in a normal way. Since they have no other
a cross section of stakeholders, including at choice, they behave as homosexuals.”9
least one person from each sub-category (i.e.,
educationists, employers, media, religious). All However, there is little basis for this perception
stakeholder interviews were conducted in either in the dominant cultural scripts. For instance, in
English or Sinhala, as those of Tamil ethnicity Buddhism, the country’s official religion, which is
preferred to speak in English. practised by a majority of Sri Lankans, there is no
documented evidence of the Buddha professing
The stakeholder interviews illuminated negative any views against homosexuality.10 The Vinaya
social attitudes and myths about homosexuality in (monastic rules for the religious order) holds that
Sri Lanka, providing useful insights for advocacy monks and nuns are not permitted to penetrate
strategies and service improvement. The most any bodily orifices with their sexual organs; it
common response by stakeholders across the spec- does not make a distinction between homosexual
trum was the conflation of homosexuality with and heterosexual activities, and the rule is only for
paedophilia, even in instances where such beliefs those who have taken religious vows.
contravene professional training, as stated by Dr.
Lakruwan, a medical health professional:
206 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
life-threatening risks.17 A large number of Tamils NGOs working in the areas of contraception,
remain in detention without being formally sexual health and family planning have reported
charged. In addition, there is a lack of disaggre- being instructed by the government to cease their
gated data in relation to ethnicity as this infor- outreach work in this field.
mation has not been provided by the authorities,
and non-governmental organizations can merely The independence of the Police Commission, the
provide varying estimates. Human Rights Commission and the Judiciary was
compromised by the 2010 passage of the 18th
A distressing development has been the emergence Amendment to the Constitution, which resulted
of extremist religious intolerance fuelled by a in presidential appointments being made to the
group of militant Buddhists priests.18 New forms related public institutions. Previously, the 17th
of media such as Twitter and Facebook have Amendment to the Constitution (and Section
been used to spread the groups’ intolerance of 2 of the Act) provided that the members of the
Muslims and instil a “fear psychosis” among the Human Rights Commission would be appointed
greater population. Many of these militant groups by the President on the recommendation of the
speculate that the last concluded census in 2011 Constitutional Council. This 18th Amendment
showed a rapid growth in the birth rates of to the Constitution, which came into effect on
Muslims, which they identify as a potential threat 9 September 2010, established a Parliamentary
to the Sinhala ethnic group. Although the activism Council comprised of the Prime Minister, the
of these militant priests has largely targeted people Speaker of the Parliament, the Leader of the Op-
of minority ethnicities and religions, they enjoy position, a Member of Parliament nominated by
the tacit support of the government in spreading the Prime Minister, and a Member of Parliament
majority Sinhala and Buddhist propaganda. Their nominated by the Leader of the Opposition. The
fear of Muslims outnumbering Sinhalese people in President now has to “seek the observations of a
Sri Lanka serves as the impetus for advocating that Parliamentary Council” (as opposed to obtaining
Sri Lankan laws be changed to permit a Sinhalese the Council’s approval) in making appointments
man to wed five women in order to propagate the to the Human Rights Commission.
Sinhala race.19 Reportedly a government commu-
niqué has been issued to state hospitals to stop This situation of general impunity and lack of
implementing and administering all forms of judicial independence has made LBT people in
voluntary, irreversible family planning methods, general more vulnerable and invisible. Their vul-
namely Ligation and Resection of Tubes (LRTs) nerability and invisibility are compounded when
and vasectomies, unless done for medical purposes.20 sexuality intersects with membership in another
disadvantaged group. For example, many lesbian,
gay, bisexual and transgender (LGBT) groups
17 “ VIDEO: I chased Poddala, warning to ‘traitors’ – Mervyn,” report a lack of Tamil membership. In short, it
Truth First (March 2012), accessed September 25, 2012, http:// is clear that the human rights crisis facing the
www.adaderana.lk/news.php?nid=17473&mode=beauti.
country creates a complex context in which LBT
18 “ Bodu Bala Sen and Buddhism’s militant face in Sri Lanka,” people find it even more difficult to effectively
Groundviews, January 15, 2013, http://groundviews. advocate for their rights.219
org/2013/01/15/bodu-bala-sena-and-buddhisms-militant-face-
in-sri-lanka/; “Bodu Bala Sena a Threat to Sri Lanka’s Future,”
Groundviews, March 19, 2013, http://groundviews.org/2013/03/19/
Bodhu Bala Sena Protested Against Birth Control to Protect
bodu-bala-sena-a-threat-to-sri-lankas-future/; “The Muslims are
Dwindling Sinhala Race,” dbsjeyaraj.com, February 24, 2013,
the New Tamils,” Lanka Standard, January 27, 2013, http://www.
http://dbsjeyaraj.com/dbsj/archives/17118.
lankastandard.com/2013/01/the-muslims-are-the-new-tamils/
21 As in other South Asian countries, politicians and other
19 “ Bodhu Bala Sena Wants Law Changed to Permit a Sinhalese Man
public figures in Sri Lanka often dismiss same-sex relations
to Marry Five Wives to Propagate the Sinhala Race,” dbsjeyaraj.
as a Western way of life in order to justify the continued
com, January 23, 2013, http://dbsjeyaraj.com/dbsj/archives/15219
criminalization of sexual activities between consenting adults
20 “Govt Bans LRT on Women and Vasectomy on Men After even in private spaces. For example in August 2008, the Sri
VIOLENCE BY NON- All LBT people interviewed for this study reported
experiencing emotional violence. As mentioned in
STATE ACTORS AND the introduction, LBT people experience this vio-
lence more intensely due to lack of a support system.
PRIVATE INDIVIDUALS Given that it is customary for Sri Lankans to live
with their families until marriage (and at times, even
in the post-marriage period), this domestic set up can
Emotional Violence add to the pressure on LBT persons who are already
facing emotional violence. It is not uncommon there-
According to the definition of emotional vio- fore for lesbians, bisexual women and transgender
lence in the research methodology, emotional people to use employment or education as a “reason”
violence is a term that is often inter-changeably to leave home (see the section on “Active/Activist
used with mental and psychological abuse. Some Responses” for a more detailed account of this).
interviewees might be more comfortable calling
it a violation of their spirit or dignity. What is There are different triggers to when emotional
important in this research are the behaviours or violence occurs. However, emotional violence was
actions that are experienced as emotionally / a common occurrence mostly in connection with
psychologically / mentally / spiritually violating. the discovery of an individual’s sexual orientation
The types of actions or behaviours that constitute or gender identity or in relation to an individual’s
emotional abuse in this research are: verbal abuse “coming out” experience (where a person revealed
(insults, taunts, swearing, put downs / personally her sexuality or gender identity). The gender ex-
demeaning comments, allegations of abnormality); pression of some of the more boyish respondents
threats (to harm self or others, to abandon, evict, was also a cause for emotional abuse.
imprison, disclose sexual identity to others, etc);
controlling actions (for example, restricting socialis- In a few cases, interviewees experienced violence
ing with family / friends / neighbours; invading on the grounds of being women and being queer.
privacy, entering personal space); silent hostility In such cases, when it was not just being queer
(for example non-verbal behaviours that express but being a woman who was queer that triggered
contempt for, denial of and/or non-acceptance of emotional violence, the data showed the inter-
gender identity and sexual expression), neglect, sections between discrimination against women,
homophobic and transphobic violence.
Lankan government hosted the 8th International Conference Who perpetrates emotional violence varies. Often,
of AIDS in the Asia Pacific (ICAAP). In spite of the government the perpetrators were the respondent’s family mem-
taking this initiative to host this event which included many bers or the respondent’s partner’s family members.
sessions on sexuality, sexual health and the rights of sexual In some cases, the violence was perpetrated by an
minorities, at the end of the conference in response to ex-partner, an ex-partner of a current partner, or a
a comment raised on the unavailability of condoms for
peer. A few interviewees had experienced violence
participants of the conference by the ICAAP rapporteur,
the Minister of Health is quoted as replying “I don’t want or the threat of violence from strangers.
people to think I brought all of these people here to promote
lesbianism and homosexuality. There are many nice women The ways that LBT individuals experience the
and handsome men in Sri Lanka. People in South Asia practice harassment, humiliation, power and control
good sexual behaviour with single partners. When the Western associated with emotional violence were many.
world was living in the jungles, we were leading a civilised life.”
See M. Fernando, “Vagrant Voices,” Himal South Asia, Vol. 21
(3), (2008), accessed on February 8, 2013, http://himalmag. This violence primarily involved an invasion of
com/component/content/article/1010-vagrant-voices.html. privacy (more than three fourths, reported by 26 of
208 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
the 33 respondents); non-verbal or silent contempt That has happened to me a lot … [T]he
and hostility (more than half, reported by 19 of the parents refused to acknowledge me at all,
respondents); and emotional manipulation (more even though I had dinner with them.23
than half, reported by 18 respondents).
Twenty-one-year-old Dhammi, a Sinhala Buddhist
More than half, (18 respondents) reported expe- and a resident of a Colombo suburb, does not
riencing restrictions on socializing, such as their want to use a specific term to identify her sexual
phone calls and letters being monitored; having orientation; instead, she prefers to “stay with both”
‘curfews’ imposed on them when their sexuality and describes her gender identity as being “in the
became suspect; being chaperoned when leaving middle.” Dhammi spoke about how her brother
the house; and being confined to the house due to had emotionally manipulated or blackmailed her
their sexual orientation or gender identity. Approx- once he found out that she was a lesbian. She said,
imately one third (13) had been forced to end their “He told me that he will not speak to me if I
same-sex relationships, and one third (13) believed continued my relationship with my girlfriend. He
that their sexual orientation or gender identity was also threatened to inform our parents about it.”24
met with silent hostility or was invisiblized in one
way or another (e.g., they were treated as if they Chamila is 36 years old and lives with her parents
were not in the room and/or were spoken about in in a Colombo suburb. She identifies as a lesbian
the third person). and prefers dressing in masculine attire. She referred
to an incident where her mother had taken her to
Interviewees reported facing a high degree of peer a mental health professional to try and “cure” her
teasing that often escalated into verbal harassment gender non-conformity and her lesbianism. She said:
and bullying, in addition to intentional emotional
abuse from peers, teachers, work colleagues, super- [My mother] said she was taking me to the
visors, friends and state actors. doctor’s for my headache. I was wondering
what headache I had… I didn’t say anything
DKS, a 28-year-old feminine lesbian, lives with then, but later I realized that she had taken
her soft butch partner in a suburb of Colombo. me to a mental doctor [psychologist].25
She spoke of their experience of facing prying eyes
and contempt at a place of worship. She said:
22 Interview with DKS, Women’s Support Group, Sri Lanka, 18 25 Interview with Chamila, Women’s Support Group, Sri Lanka, 8
September 2010. August 2011.
210 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
lesbians, it was met with fierce public opposition. ing violence, see the section on Access to Redress
One of these protests came in the form of a letter in this chapter.)
to the editor, published by the English language
newspaper, The Island, which went so far as to ad- Twelve out of 33 interviewees spoke of on-going
vocate the rape of women attending the conference physical violence in their lives.35 Twenty-six out of
by a team of convicted rapists. When a complaint 33 interviewees shared stories of battery.
was filed against the newspaper, the Press Council
of Sri Lanka defended the newspaper and con- Perpetrators included immediate family members,
demned lesbianism as “sadistic and salacious.”34 strangers, peers, partners, ex-partners and neigh-
bours. Significantly, twelve such incidents were
cases of partner violence.
Violence of Cultural Norm and DKS recalled an incident where she was at a
Gender Norm Enforcement nightclub dancing with her partner. She said:
Twelve out of 33 interviews highlighted the You know people generally tend to stare
constant pressures that butch lesbians and trans- anyway, when we dance there...and this
gender people face in having to perform and guy actually, like, came, you know, and
live according to culturally expected gender stepped on my foot or rubbed shoulders
norms—from being forced to marry, to having to with me...and I think he did it on purpose
wear particular clothes and maintaining certain because I think he was quite tickled that I
hairstyles—all of which were experienced as psy- was dancing with a girl that looked like a
chological and emotional violence. Cultural and guy … I think he wanted to start a fight,
gender norm enforcement was also experienced because my partner and I looked gay.36
as violence when interviewees were quizzed about
their gender identity when using public toilets. Thirty-four-year-old Sandra identifies as a lesbian/
Similarly, some interviewees were forced to keep dyke and views herself as a “masculine female.”
their sense of self a secret and not look “too gay” She spoke about being accosted by a group of
in order to keep the family reputation intact. strangers at the car park of a popular nightclub in
Some interviewees also spoke of being denied Colombo because they had noticed her dancing
jobs or promotions on the basis of their gender with a girl. She said:
expression – “not looking feminine enough” – and
losing employment because their identity cards I remember two guys holding me from
did not match their appearance. my shoulder, pinning me down from my
shoulder against the wall and hitting me
in my stomach. I remember breaking
loose, hitting one guy in the face, and I
Physical Violence cracked his lip and that’s what got them
to go, ‘Whoa! You know, she’s not gonna
Interview analysis established a crucial finding,
take it lying down.’ … When they knew I
chiefly that the family and domestic space were
two key (related) factors that, first, shaped how
LBT people viewed physical violence against 35 D
uring the interviews, if there were any interviewees who
them, and, second, whether or not they reported were either experiencing ongoing violence or who were
the violence. (For more information about report- feeling troubled/depressed after the interview, the researchers
conducting the interviews were advised by the WSG to offer
the name and number of a designated therapist who would be
available to meet with any of the respondents.
34 M
. Fernando, “Vagrant Voices,” Himal South Asia, Vol. 21 (3),
(2008), accessed on February 8, 2013, http://himalmag.com/ 36 Interview with DKS, Women’s Support Group, Sri Lanka,
component/content/article/1010-vagrant-voices.html. September 18, 2010.
37 A tuk tuk is a three-wheeled taxi. 39 Interview with Christy, Women’s Support Group, Sri Lanka,
February 16, 2011.
38 Interview with Roshmi, Women’s Support Group, Sri Lanka,
January 6, 2012. 40 A popular nightclub in Colombo.
212 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
to make sure coz I didn’t look like a girl]. This might not be so ironic in the light of this
So he was being weird. I gave him five incident where it appears that the uncertainty of
hundred rupees, and my house is very close H’s gender was made capital of—in fact made the
to Amuseum, like walking distance.41 So it occasion of an attempt to sexually exploit her. The
would have only cost like a hundred rupees precise motives of the tuk tuk driver are unclear
or something. And then, instead of giving (whether purely commercial or sexual or both), but
me my change, he was like, ‘Malli katata his behaviour is clearly opportunistic. This illus-
gannawada, ethakota dennam’ (‘Younger trates how it is possible to exploit gender ambiguity
brother, give me a blow job, and I’ll give (quite profitably) in a societal context where the
you your change.’). And I said pissuda!! norm is to conform to stereotypically demarcated
(Are you mad!!) and then he said ‘Kollekda? categories of “male” and “female.” Those who are
Kellekda?’ (‘[are you a] boy or a girl?’) And clearly neither one nor the other are always already
I was like, Panseeya aran yanna (Take the aware of their vulnerability to such exploitation,
500 rupees and leave.). And then he just and of the fact that there is little or no recourse for
grabbed me from the hand and almost felt the violence except to physically escape.
me up. I just ran away.42
A similar experience was recounted by Indrani, a
This incident highlights the vulnerability to 32-year-old lesbian resident of a Colombo suburb.
violence of those who do not fit into the normative Indrani views her gender identity as being ‘in the
binary gender categories of male or female. Despite middle’ – neither feminine nor masculine. She
her subversive gender presentation, H’s sense of spoke to us about an incident where she had been
safety also comes from being perceived to be one or subjected to sexual harassment as a result of her
the other—usually male. gender non-conformity.
CHAMILA
Chamila is 36 years old, single, and lives in a suburb and Chamila was given a beating by her father.
of Colombo, Sri Lanka, with her parents. She is ethnically Chamila’s mother made her visit a psychologist on the
Sinhalese, and a Buddhist, and has completed tertiary pretext of getting her a headache remedy. In addition,
education. She works for the State Security Forces and Chamila faced intimate partner violence at the age of
earns less than approximately USD $300 a month. 30. She has also experienced discrimination and sexual
harassment at her workplace, but never filed a complaint
Chamila identifies as lesbian and butch. She realised because she did not feel she would be protected by
that she was a lesbian at the age of 22 when she was the law. She has been overlooked in selections for a
attracted to women. She had a close friendship with sports team, and has twice been approached by seniors
one woman, which developed into a sexual experience at her office to perform sexual favours with their wives
after a year. She disclosed her sexual orientation to and girlfriends. She has also been approached for sex
a few selected friends and to her boss at the age of by a senior colleague. She has been the object of her
25. Chamila was “outed” publicly when a jilted lover seniors’ taunts at the workplace. Chamila counts on her
made a scene outside her house, exposing Chamila’s lesbian friends, an LBT organization, and a colleague at
sexuality and their relationship to the neighbourhood. work for support.
Her family was extremely disturbed by this incident,
As in H’s case, Indrani also faced sexual harassment For others, violence was chronic. For instance,
because her gender expression was neither ‘feminine’ Sandra spoke about the physical and emotional
nor ‘masculine’. She was groped sexually by strangers violence she faced in a three-year relationship.
who not only wished to establish her gender identity She said:
but also wished to convey the message that she and
her friends were being closely watched. She was mainly very jealous, very jealous,
and very possessive, like I couldn’t look
at someone ... Someone looked at me,
[and] I’d get slapped .... If she was hav-
Intimate Partner Violence ing a bad ... time at home or at work...
and if I got like five minutes late to get
Intimate partner violence (IPV) spanned emo-
home, she’d accuse me of ... screwing
tional, physical and sexual violence. Because of the
around. And she’d get violent .... she’d
stigma associated with homosexuality and trans-
throw things at me ... she’d claw me ...
genderism in Sri Lanka, intimate partner violence
she’d bite me ... she head-butted me and
in LBT relationships is enormously difficult to
broke my nose ... but I was in that rela-
grapple with; when one’s partner becomes abusive,
tionship for three and a half years.45
it can seem impossible to seek help. When one is
bisexual and with an opposite-sex partner, one’s
For others, violence would erupt in conjunction
past homosexual experiences can be used against
with the abuser’s chronic substance use. Kamala,
them. While 26 out of 33 interviewees had faced
a 59-year-old woman and a resident of a Colombo
physical violence from an intimate partner, 11 out
suburb, describes her sexual orientation as something
of the 26 had experienced emotional, physical and/
that moved from heterosexuality to lesbianism.
or sexual violence at the hands of their partners.
Kamala spoke to us about her second relationship,
which she described as being “very abusive.” She
For some, intimate partner violence happened on a
recalled, “In my stupidity I had believed that
single occasion, and the individual managed to break
alcoholism is something that you can cure by
free. Sachini, 36, identifies as a lesbian and is a res-
ident of a Colombo suburb. She spoke to us about
how her break-up with her same-sex partner led
to her being subject to physical violence and being 44 Interview with Sachini, Women’s Support Group, Sri Lanka,
confined to a room for a couple of hours. She said: April 4, 2011. The phrasing in square brackets were requested
by Sachini because she felt more specific descriptions would
enable identification of people involved in the incident.
43 Interview with Indrani, Women’s Support Group, Sri Lanka, 45 Interview with Sandra, Women’s Support Group, Sri Lanka,
April 28, 2011. September 18, 2010.
214 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
loving people ... and so ... I was not able to stop The Domestic Violence Act has not been tested
the alcoholism ... even though I tried, and … the against 365A. The ambiguity between having
person was a very violent alcoholic ... and tried to legal recourse under the anti-domestic violence
harm herself as well as me, as well as others in the law while also being at risk for penalties under the
vicinity, and that was really disastrous.”46 anti-sodomy law further deters women experienc-
ing violence in same-sex relationships from filing
Christy shared her experience of a relationship with complaints or seeking protection orders.
a guy who knew that she was bisexual. She said:
216 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
CHRISTY
28-year-old Christy was born in Kandy, but currently incident, when Christy’s uncle found out that Christy had
lives in Colombo with her girlfriend. Ethnically Sinhalese, a girlfriend instead of a boyfriend, he tried to forcibly
she was born into a Roman Catholic family but says that show her porn and stalked her on Facebook by making
she “hardly goes to church” and practises her religion in rude comments on her page.
her “own way.” Christy currently works in Colombo as a
customer care executive at a private company. Her per- Apart from these experiences of physical, sexual and
ception of her gender identity is that it is 75% feminine emotional abuse, Christy also faced physical and sexual
and 25% tomboyish. She does not use a specific term abuse from her ex-boyfriend who shoved, pushed, and
to describe her sexual orientation, but says she is “100% throttled her, and constantly forced sex on her after he
happy with a woman rather than being with a man.” found out about her past experiences with women. At
her workplace, the then CEO would constantly harass
Four years ago, when Christy was 24 years old, she her with crude SMS messages asking her how her “pri-
told her brother that she preferred women over men as vate parts” were and whether he could “join” or “watch”
sexual partners. Although at first he did not take it seri- when she was having sex with her girlfriend. As a result
ously and did not want to talk about it, eventually he was of this physical, sexual and emotional abuse, Christy be-
in support of her preferences and asked her to make gan to exhibit self-harming behaviour, which included
her own choices when her parents were trying to force cutting herself and burning herself with cigarette butts.
her into marriage. When Christy came out to her aunt She even notes that, to date, even though she thinks
at age 21, she met with an unexpected reaction. Instead about committing suicide when “it’s really hard,” she is
of being supportive of Christy’s choices, her aunt made unable to trust anyone to talk about it after her abusive
sexual advances towards her. A couple of years after this experiences with her aunt and uncle.
Chamila, a lesbian state sector employee spoke of Chamila also spoke of how another male supervisor
discrimination and sexual harassment at the hands at the same workplace became verbally abusive
of her supervisors on two separate occasions. In the after a colleague “outed” her [to him]. “Apparently
first instance, one of her supervisors (approximately ... someone had told some tale about me. So he
59 years old) asked her to have sex with his wife, called me and scolded me in front of about four
who he claimed was also a lesbian. or five others. He used some swear words and
the word ‘Aappa.’”
“He called me to be with his wife. I told him that I
was not a person who would go behind any old Government authorities have not adopted any
woman and that I was not ready to fulfil each formal policies on sexual harassment in the
one’s wish and that I didn’t like it.”51 He had also workplace. There is no formal policy in the
offered to grant her a job transfer. At the time of corporate sector either although some private
these incidents, Chamila wanted to be transferred companies regard such a policy as a progressive
to the head office in the capital, Colombo. Her mechanism, which they voluntarily develop and
supervisor used this to rationalize the demands adopt. Even in this instance, the sexual harassment
for sexual favours. When Chamila refused to policies do not have explicit provisions that prevent
comply, her employer rejected the job transfer harassment on the basis of sexual orientation,
request and passed her over for a promotion. gender identity or gender expression.52
51 Interview with Chamila, Women’s Support Group, Sri Lanka, 52 See earlier reference to 2013 Code of Conduct and Guidelines
August 8, 2011. on Sexual Harassment at the Workplace.
218 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Seven interviewees reported facing violence from family home. Some interviewees said that they were
state sector service providers including mental reluctant to report violence in the home to police
health and medical professionals. Some of the vio- because this would entail placing a family member in
lence took the form of being forcibly taken to reli- the hands of the law. Similarly, interviewees did not
gious institutions, hospitals, medical services, and want the risk of unwelcome publicity or the likeli-
mental health services to “be cured,” often accom- hood of exposing the family to shame and ridicule.
panied by a parent.58 One interviewee even stated
that her partner’s family had used electro-shock When they were the victims of violence in a public
therapy on her partner in order to “cure” her.59 space, such as on the street, at community gatherings,
in public transport, or at the workplace – and
targeted for their gender non-conformity or sexual
ACCESS TO REDRESS orientation – there was reluctance to report the
violence for fear of being personally exposed as
LBT.61 Even when the crime is not related to their
I knew I couldn’t go to the police. What sexuality or gender identity, LBT individuals feel
was I going to say? – ‘You know they beat vulnerable because of a Penal Code provision that
me up ‘coz I danced with some girls?’ It can be read to criminalize adult consensual same-
was just going to get me into even more sex sexual activity. In fact, some of the LBT people
trouble, and I was alone...So I just got we spoke to specifically cited both Section 365A of
into a tuk and went home.60 the Penal Code and the Vagrants Ordinance as rea-
sons used to target them for arrest and harassment.62
– Sandra, 34 years old, butch lesbian
Police in Sri Lanka are generally perceived by the
This research thus suggests that incidents of physical LBT community as dangerous. A reason for this
violence, both in the public and private spheres, perception is that police officers use blackmail and
remain under-reported and undocumented, and violence against people who they perceive to be ho-
that LBT people who experience physical violence mosexual, bisexual or transgender.63 In this context,
rarely seek compensation, redress or even counselling interviews revealed that LBT persons doubted the
from mental health service providers who work with possibility of getting redress for violence by police.
women who have experienced violence – such as
domestic violence programs or support groups. Additionally, the court system in Sri Lanka is
generally not victim-friendly.64 Court hearings
A key issue faced by all interviewees is that they have
no access to redress. As mentioned above, when
describing their experiences of violence at the hands 61 Interviewees feared being exposed for multiple reasons: some
of family members, many interviewees had difficulty feared that their families would find out that their sexual
associating a family member with the term “perpetra- orientation, while others feared that they would be opening
themselves up for police harassment and /or arrest under
tor” and were reluctant to report the violence to the
Section 365A of the Penal Code.
police or any other organization, especially when
the violence took place in the private space of the 62 S ection 365A of the Penal Code (Amendment), http://www.
aidscontrol.gov.lk/web/Web%20uploads/Policy%20or%20Law/
Penal%20Code%20(Amendment)%20Act,%20No.%2022%20
of%201995.pdf. And see earlier reference to Vagrants Ordinance.
58 See interview by Chamila and Skinner for more details of
63 A ndrea Nichols, “Dance Ponnay, Dance! Police Abuses Against
how interviewees were forcibly taken to religious and medical
Transgender Sex Workers in Sri Lanka,” Feminist Criminology, April
institutions to be cured.
2010 vol. 5 no. 2 195, http://fcx.sagepub.com/content/5/2/195
59 Interview with Roshmi, Women’s Support Group, Sri Lanka,
64 In the Kamal Addararachchi Rape Case, the judgment of the High
January 6, 2012.
Court for the victim was subsequently overturned in the Sri Lanka
60 Interview with Sandra, Women’s Support Group, Sri Lanka, Supreme Court and the judge of the High Court was accused
September 18, 2010. of mollycoddling the witness for taking measures to hold closed
220 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Chamila stated, “I attempted it once because I Anu, a bisexual woman, said she felt very sad when a
couldn’t take the pain anymore. I was very disap- friend was bi-phobic. She said, “I was very angry and
pointed with life and it took me a very long time very frustrated, just not being able to understand
to get over it.”69 Another respondent, Skinner, why this was done to people who were really just
fantasized about perishing in a bus bomb blast.70 trying to live their lives and love who they loved.”74
A smaller number (5) of the sample population Thirty-one interviewees said that they often felt
reported that substance abuse (alcohol, cigarettes depressed and guilty while they struggled to come
and drugs) and clubbing were coping mechanisms. to terms with and accept their non-conforming
Roshmi said that when she was “severely mentally sexuality or gender identity. However, despite
down” in the past, she had smoked 15-20 packets enduring negative social and psychological effects,
of cigarettes: “I used to chain smoke without the vast majority of interviewees spoke of posi-
breathing. Then I got sick.”71 tive feelings arising from the support of friends,
partners, family members, LGBT organizations,
Discrimination in employment was also an aspect that religious leaders and workplace colleagues.
affected mental health. Skinner said he often felt very
depressed because employment opportunities were de- Dharshi, a 46-year-old woman who lives in
nied him on the basis of his gender identity. He said, Colombo, detests labels, and prefers to say she
“I just want to, you know, earn a living ... I mean like “sleeps with women.” She said that she could not
I’m not asking for charity! It’s like I have this skill ... deal with her sexual orientation for a very long
and like, let me work and get paid for it - that’s all.”72 time, “but then I met people who were cool about
it and slowly it became the cooler thing to me and
Disclosing their sexual orientation or gender I was happy and comfortable.”75
identity to friends (“coming out”) often made
interviewees feel rejected. DKS said she felt rejected Indrani, too, spoke to us about a similar experience.
when “all of a sudden ... they kinda treated me as She said:
if I was ... someone different … when I wasn’t …
I was the same person ... but somehow ... I don’t Even though I don’t have people who un-
know, they just refused to be associated with me.”73 derstand me at home, I met friends who
understood me. They had parties. Everyone
spoke to me. No one laughed at me. No one
male suicide rates. See “Suicide rates per 100,000 by country, year
asked me why I don’t wear earrings. I was
and sex,” World Health Organization (2011), accessed October
11, 2012, http://www.who.int/mental_health/prevention/suicide_ very comfortable there. I don’t care what
rates/en/ Suicide is no longer a crime in Sri Lanka, although society thinks about me. There are a lot of
there was rigorous punishment for it up to 1998. See “Suicide people who accept me. So I felt good.76
Prevention: Emerging from Darkness,” World Health Organization
(2004), accessed October 11, 2012, http://www.searo.who.int/en/ It must be noted that although a number of
Section1174/Section1199/Section1567/Section1824_8089.htm.
interviewees reported getting support from
69 Interview with Chamila, Women’s Support Group, Sri Lanka, different sources and feeling supported in many
August 8, 2011. ways, only a third of the population expressed
70 A reference to a period in the conflict between the Government of feelings of pride and strength in themselves.
Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE),
when the LTTE targeted civilians by bombing buses. Interview with
Skinner, Women’s Support Group, October 7, 2011.
71 Interview with Roshmi, Women’s Support Group, Sri Lanka, 74 Interview with Anu, Women’s Support Group, Sri Lanka, May
January 6, 2012. 13, 2011.
72 Interview with Skinner, Women’s Support Group, Sri Lanka, 75 Interview with Dharshi, Women’s Support Group, Sri Lanka,
October 7, 2011. October 30, 2010.
73 Interview with DKS, Women’s Support Group, Sri Lanka, 76 Interview with Indrani, Women’s Support Group, Sri Lanka,
September 18, 2010. April 28, 2011.
Sri Lanka: “Not Gonna Take It Lying Down” 221
bars, or we eat at home, we hang out at friends’
Passive Responses places. We don’t do public places.”80
Most of the people we spoke to did not verbally Socio-economic background played a vital role
or physically fight back in response to violence, in determining how lesbians, bisexual women
discrimination or abuse. Twenty-five interviewees and transgender people shielded themselves from
avoided any form of confrontation, saying that violence. The research found that if LBT people
they had felt paralyzed and decided not to take had the finances they could afford to “buy safety”
action during, and in the aftermath of, the by not exposing themselves to environments that
violence. Indrani said: were unsafe. As Maya says, she will “pick and
choose places” she goes to. She said:
Once at the place I work, I had an ar-
gument with two boys. After that, while There are certain activities I’ve curtailed as
I was having my lunch they shouted in a result, certain parts of town I won’t go
front of everybody and said, ‘Ah … today to. I don’t walk on the streets, I go every-
the Aappa pan has been burned.” I stayed where by car, I don’t take public transport,
silent as if it was not said to me.’77 not even trains, that kind of thing.81
Some interviewees practiced self-restraint, especially Interviewees also had to safeguard their privacy at
with family and relatives. For instance, Skinner their workplace as a way to minimize any potential
said, “It’s better off that way [laughs] ... I try not to homophobic comments. Soma is 40 years old and
think of those things most of the time and bottle it was born in Colombo but presently lives overseas
up as much as possible ... what else ... to do ....”78 with her partner. She says her gender identity is
feminine and her sexual orientation is lesbian. At
Our interviews also revealed that lesbians in partic- the age 24, while she was living in Sri Lanka and
ular avoided public spaces to steer clear of potential looking for a job, she felt she was discriminated on
homophobic violence and/or abuse directed at the basis of her perceived sexual orientation, which
them because of their sexual orientation, gender led to her changing her entire career. She said:
identity or gender expression. Scholars have noted
that “Many places inhabited by lesbians and gay I think it affected my decision to not get into
men are “contested sites,” where the forces of a social support type of job or career that
homophobia challenge the survival and formation required close proximity and building close
of communities of sexual minorities.”79 relationships with people. I think … that
maybe I felt safer working in areas where
Anishka is 25 years old, lives in Colombo, and my sexuality would not be used as an issue
identifies as “bi or lesbian but 80% lesbian.” Her by people to say, well, you know if you are
gender identity is feminine. She spoke to us about a lesbian you may take advantage of clients,
how she and her partner would deliberately avoid well female clients that sort of thing.82
public spaces: “We are very conscious of where we
go ... we know our spots … the small little juice
222 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
“misrecognized” gender role (masculine, although
Active/Activist Responses born female, and feminine, although born male).86
For instance, H stated that she often passed as a
Responses in this category included leaving one’s boy due to being “misrecognized,” and that it was,
family, city, region or country; passing as “straight” therefore, more convenient for her to continue as
or adhering to normative gender roles; seeking sup- such. She said:
port through LGBT community or groups; seeking
solace outside the home (e.g., playing sports, going Public toilets – every time you walk into
to the gym/library and spending time away from the bathroom, it’s like ‘Malli Malli weradila
home); and physically and verbally fighting back.83 anith eka’ (‘Younger brother, you’ve got it
wrong, it’s the other one’), and I’m like oh
Six interviewees said they had left, or expressed a de- God! And then I’m like, oh Shit! I went
sire to leave, their family, city, or country, in response into the wrong one, and I go to the guys’
to facing discrimination and violence. As Christy one ... coz everyone thinks I’m a boy.87
pointed out, “It’s really hard to live my life. There are
times that I … just want to leave without a trace… For Maya, on the other hand, passing as a
just leave the country sometimes or maybe just die.”84 feminine woman was a strategy she tried out for a
short period of time in order to avoid having to deal
Not all those who expressed a desire to leave were with being stared at in public on a daily basis. Maya
able to do so for varying reasons, the most pressing is a 37-year-old, lesbian-identified androgynous
being lack of financial resources. Others stated that woman who lives in Sri Lanka. She said:
they had left their parental home or their place of
residence as a result of familial violence or, in some I changed my gender appearance, I grew
cases, due to violence and mistreatment from my hair out, I put on a bit of weight as well.
landlords who viewed lesbianism as immoral. I looked much more feminine and at that
point, you wouldn’t believe it, I faded, no
Passing in different forms is an interesting and one paid any attention to me at all. I could
useful strategy adopted by seven of the lesbian go into banks you know, any institution,
and transgender interviewees in order to avoid whereas previously I would get so many
violence, abuse, and mistreatment in their daily stares, [but this time] absolutely nothing.
lives. Just as “masculine” clothing or style of So it was refreshing but at the same time I
dressing made lesbian identity visible, it also felt really at odds with the person that I was
afforded safety in male-dominated public spaces. at the time. I felt that how I looked didn’t
For instance, one lesbian interviewee claimed
that, for reasons of safety, she preferred to pass as
a boy when riding her motorcycle at night.85
86 Ruth Rubinstein (1995) notes that signs and symbols are
useful to analyse the language of clothing. She defines ‘signs’
While some interviewees chose to “pass” by adhering
as that which conveys a single, clear-cut meaning, in contrast
to normative gender roles (masculine, if born male/ to “symbols” which have multiple meanings (p.7). Fashion
feminine, if born female), others passed either in their and clothing images can, therefore, be an effective means of
self-identified (trans)gender role or in their socially communication only if the signs and symbols are recognized
and interpreted by a knowing audience. Failure to do so would
result in misrepresentation or misinterpretation. For example in
Sri Lanka, a “butch lesbian” would only be identified as a “butch
83 The use of “passing” here means convincingly appearing in public as
lesbian” within a social space that recognized the style of clothing
conforming to norms related to gender and/or sexual orientation.
associated with “being butch.” In contrast, in a rural village in Sri
84 Interview with Christy, Women’s Support Group, Sri Lanka, Lanka, a “butch lesbian” would simply be (mis)recognized either
February 16, 2011. as a “boy” or a “girl pretending to be a boy.”
85 Interview with Indrani, Women’s Support Group, Sri Lanka, 87 Interview with H, Women’s Support Group, Sri Lanka, February
April 28, 2011. 12, 2011.
It’s amazing, you know, these support groups My mother wanted me to get married …
(referring to the Women’s Support Group), and then she kept proposing these friends’
you can have ten million activities, but really sons as being the ideal husbands. And I
just having the space and hanging out there [said] … you know I think you better give
and having lunch, that’s support enough.89 up because I don’t really fancy men … I
prefer women.91
Chandani explained that for many years she
actively sought support from her “chosen family” A similar response emerged from Inoka, a
(friends she relied on) as opposed to being 29-year-old who identifies as a butch lesbian and
dependent on her biological family.90 is a Colombo resident. Describing how she had
responded to her mother’s questions after she
came out as a lesbian, she said:
88 Interview with Maya, Women’s Support Group, Sri Lanka, 91 Interview with Hothead, Women’s Support Group, Sri Lanka,
January 22, 2011. September 18, 2010.
89 Interview with Maya, Women’s Support Group, Sri Lanka, 92 Interview with Inoka, Women’s Support Group, Sri Lanka,
January 22, 2011. October 14, 2010.
90 Interview with Chandani, Women’s Support Group, Sri Lanka, 93 Interview with Christy, Women’s Support Group, Sri Lanka,
November 17, 2010. February 16, 2011.
224 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
does not like to use labels to describe her sense of the provision could be read as also applying to
self. She said that she used the English language heterosexual sexual relations. In a social context
as a tool to intimidate strangers who hurled verbal where political and other public leaders routinely
abuse at her: “I spoke to him in English because I direct hostile remarks at LGBT communities, it
know that always intimidates people and … after is likely that “gross indecency” is associated with
a while, he shut up and went away.”94 same-sex relations in the public imagination.
95 It reads: “Any person who, in public or private commits, or is a 97 “ Two men fined for gross indecency”, Daily Mirror, November
party to the commission of, or procures or attempts to procure 16, 2012, http://www.dailymirror.lk/news/23546-two-men-
the commission by any person of, any act of gross indecency fined-for-gross-indecency-.html “A Colombo Court today
with another person, shall be guilty of an offence, and shall be imposed a fine of Rs.1,500 each on two men who pleaded
punished with imprisonment of either description, for a term guilty to the charge of engaging in homosexual acts inside
which may extend to two years or with fine or with both and a public lavatory at the Fort Railway Station. The Fort Police
where the offence is committed by a person over eighteen years arrested the two men, one aged 40 and the other 50, while
of age in respect of any person under sixteen years of age shall they were engaging in oral sex. One of them was identified as
be punished with rigorous imprisonment for a term not less a state institution employee. In the charge sheet filed before
than ten years and not exceeding twenty years and with fine Colombo Fort Magistrate Kanishka Wijeratne, the prosecutors
and shall also be ordered to pay compensation of an amount said the suspects had committed a punishable offence which
determined by court to the person in respect of whom the came under section 365 (A) of the Penal Code. Police charged
offence was committed for the injuries caused to such person.” that the suspects had engaged in activities of gross indecency
at a public lavatory. Defence Counsel Jayantha Pathirana told
96 Y . Tambiah, “ (Im)moral Citizens: Sexuality and the Penal
Court that his clients would plead guilty to the charges.”
Code in Sri Lanka,” In A.J. Canagaratna (Ed.), Neelan
Tiruchelvam Commemoration Conference Papers (Colombo: 98 Y . Tambiah, “Man-made Laws and Feminine Feelings: A ‘Lesbian’
ICES, 2004), 107 – 141. Encounter with the Law in Sri Lanka,” Lines 2 (1), (May 2003)
226 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
or gender expression. It can be argued that these This leaves out discrimination on the basis of
guarantees would fall under provisions that address sexual orientation, gender identity and gender
non-discrimination and equality before the law to expression, which contravenes Sri Lanka’s
all persons. The constitution also does not give any commitment to respect, protect and fulfil all
indication that the term “sex” refers to anything human rights under international law.107 The
other than the system of biological classification Human Rights Commission Act also empowers
used to distinguish sex at birth as male or female. the National Human Rights Commission to
However, the provision covering discrimination make recommendations to the government on
prohibits distinctions made on “any such grounds” measures to be taken to ensure that national laws
which, to be compatible with international human and administrative practices are in accordance with
rights law, must be interpreted to include a international human rights norms and standards.108
prohibition of discrimination on the grounds of However, there have been no known initiatives
sexual orientation, gender identity and gender taken by the Human Rights Commission towards
expression. However this is not so in practice, given striking down the discriminatory laws that affect
the existence of a law that can be read to criminalize lesbians, bisexual women, transgender people
same-sex sexual activity. and other sexual minorities.
110 In addition, without a Constitutional right to privacy, the state adopts surveillance measures on the grounds of national security and uses
technology to intrude into private lives.
111 Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity. (2007) The Yogyakarta
Principles are a set of principles relating to sexual orientation and gender identity and, intended to apply international human rights law standards to
address the abuse of the human rights of LBGT people and issues of intersexuality. The Principles were developed at a meeting of the International
Commission of Jurists, the International Service for Human Rights and human rights experts from around the world at Yogyakarta, Indonesia in 2006.
228 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Fernando, M. (2008) ‘Vagrant Voices’, Himal
REFERENCES South Asia, Vol. 21 (3), Available online at:
http://www.himalmag.com/Vagrant-voices_
Aizura, Aren, Jenny Walsh, Ash Pike, Roz Ward
nw2138.html
and Jak (2011) Gender Questioning: A Joint Project
of Trans Melbourne Gender Project, Gay and Lesbian
Gunasekara, Tisaranee (2013) The Muslims are
Health Victoria and Rainbow Network Victoria,
the new Tamils, Lanka Standard, 27 Jauary 2013,
Melbourne, Australia.
Colombo, Sri Lanka. Available online at: http://
www.lankastandard.com/2013/01/the-muslims-
Ada Derana (Truth First) March 2012 [online]
are-the-new-tamils/
Available from: http://www.adaderana.lk/news.
php?nid=17473&mode=beauti
Human Rights Watch (2011) Sri Lanka: Report
Fails to Advance Accountability, 16 December
BBC News (2012) Q & A Post War Sri Lanka, 13
2011, New York. Available online at: http://
November 2012. Available online at: http://www.
www.hrw.org/news/2011/12/16/sri-lanka-report-
bbc.co.uk/news/world-south-asia-11393458
fails-advance-accountability
Bastians, Dharisha (2013) Bodhu Bala Sena
Human Rights Watch (2008) This Alien Legacy:
Wants Law Changed to Permit a Sinhalese Man
The Origins of “Sodomy” Laws in British Colonialism.
to Marry Five Wives to Propagate the Sinhala
www.hrw.org/sites/default/files/reports/lgbt1208_
Race, 23 January 2013, www.dbsjeyaraj.com
webwcover.pdf.
Available online at: http://dbsjeyaraj.com/dbsj/
archives/15219
Human Rights Commission of Sri Lanka Act No.
21 of 1996
Bellanvila Sudaththa Thero and Dunne, C. J.,
(2007) Homosexuality, Buddhism and Sri Lankan
Ingram, Gordon Brent, Anne-Marie Bouthilette,
Society, Groundviews 28 August 2007: Colombo
Yolanda Retter (Eds) (1997). Queers in Space:
[online] Available from: http://groundviews.
Communities / Public Places / Sites of Resistance,
org/2007/08/28/homosexuality-buddhism-and-s-
Bay Press, USA.
ri-lankan-society/
Law and Society Trust (2010) Sri Lanka At-
Bruce-Jones E., & Itaborahy L., (2011) State
rophy and Subversion of the Human Rights
Sponsored Homophobia: A World Survey of Laws
Commission, ANNI Report on the Perfor-
Criminalizing Same Sex Sexual Activity between
mance and Establishment of National Human
Consenting Adults, An ILGA Report, The Interna-
Rights Institutions in Asia, Law and Society
tional Lesbian, Gay, Bisexual, Trans and Intersex
Trust: Colombo.
Organization.
Miller, J and Nichols, A (2012) Identity, sexuality
Colombage, Dinouk (2013) Bodu Bala Sena:
and commercial sex among Sri Lankan nachchi.
A Threat to Sri Lanka’s Future, Groundviews,
Sexualities, Special Section, 15 (5/6) pp.554 –
19 March 2013, Colombo, Sri Lanka. Available
569, Sage Publications, Available online at: DOI:
online at: http://groundviews.org/2013/03/19/
10.1177/1363460712446120
bodu-bala-sena-a-threat-to-sri-lankas-future/
Nichols, Andrea (2010) Dance Ponnaya, Dance!
Daily Mirror, Two men fined for gross indecency,
Police Abuses Against Transgender Sex Workers in
16 November 2012, Sri Lanka. Available online
Sri Lanka, Feminist Criminology 2010 5: 195, Sage
at: http://www.dailymirror.lk/news/23546-two-
Publications, Available online at: http://fcx.sagepub.
men-fined-for-gross-indecency-.html
com/content/5/2/195
Raghavan, Suren (2013) Bodu Bala Sena World Health Organization (2011) Suicide rates
and Buddhism’s Militant Face in Sri Lanka, per 100,000 by country, year and sex. [online]
Groundviews, 15 January 2013, Colombo Sri Available from: http://www.who.int/mental_
Lanka. Available online at: http://groundviews. health/prevention/suicide_rates/en/
org/2013/01/15/bodu-bala-sena-and-buddhisms-
militant-face-in-sri-lanka/ (2012) Joint Statement by Sunila Abeysekara,
Nimalka Fernando and Pakiasothy Saravanamuttu,
Section 10 (d) Human Rights Commission of Sri 23 March 2012, Colombo Sri Lanka. Available
Lanka Act No. 21 of 1996 online at: http://www.scribd.com/doc/86440203/
joint-statement-sunila-abeysekara-nimalka-fer-
Section 365A, Sri Lanka Penal Code (Amend- nando-and-dr-paikiasothy-saravanamuttu
ment) Act No.22 of 1995, 31 October 1995
Section 399, Cheating by Personation, Sri Lanka (2007) Yogyakarta Principles on the Application
Penal Code 1883 of International Human Rights Law in relation to
Sexual Orientation and Gender Identity.
Tambiah, Y. (2004) (Im)moral Citizens: Sexuality
and the Penal Code in Sri Lanka. In A.J. Canagaratna
(Ed.), Neelan Tiruchelvam Commemoration
Conference Papers (pp. 107 – 141) Colombo, ICES
230 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
It has also been quite challenging to explore
APPENDIX A: non-heteronormative sexual and gender identities
within a non-western context, as in the case of
TERMINOLOGY Sri Lanka. A good example is the identity of
the “transman.” Within a western context, a
When discussing issues relating to terminology,
transman is usually defined as an individual who
it has been quite a challenge to use terms such
is biologically female and whose gender identity
as “Sexual Orientation,” “Gender Identity,”
and gender expression are masculine; while he
“Gender Expression” and “Heteronormativity” in
may/may not undergo surgery, he would carry
the vernacular (Sinhala and Tamil). For example,
on with his life as a man. However in Sri Lanka,
the Sinhala form of “Heteronormativity” is a
although there have been a number of newspaper
sentence (ie: ‘Wishama Lingika Sammathayak’ )
reports of women being “disguised” as men112
as there is no single word to describe it.
or “impersonating” men, it is difficult to say
whether gender expression in each case is legible
Similarly, the formal term we used to describe
as a trans-like gender identity. For instance, in
“Sexual Orientation” in Sinhala is “Lingika
some cases that have been documented by the
Namburuwa.” However, this term had to be
WSG, the individual concerned said she/he
abandoned very often during the interviews as not
preferred to take on a male persona in order to
many respondents were aware of its meaning. It
avoid the kinds of sexual harassment that women
was more useful to avoid formal terms altogether
face on a daily basis. An added complication is
and simply ask respondents whether they pre-
that if such individuals live and “pass” on a daily
ferred to have sexual and emotional relationships
basis, questions about being biologically female
with either women or men or both.
might put them at risk. Within the past year,
however, there has been an increase in awareness
Gender Identity has been translated into Sinhala
on transgender issues, particularly amongst
as “Sthree Purusha Samajabhawaya matha padanam
medical professionals.
wu ananyathawaya.” This formal definition
contrasted with the colloquial Sinhala of the
interview, and could not be used without some
explanation of its meaning. To explain, some
researchers asked the respondent to take herself as
an example and state whether she saw herself as a
girl or not while preferring non-feminine/boyish/
masculine clothing.
112 “Boy Disguised as Girl since the Age of 18,” Lankadeepa,
August 31, 2010; “Woman Disguised as a Male Army Officer
Married to a Woman Following Mobile Phone Love Affair,”
Lankadeepa, August 23 2010; “Women Disguised as Men
(aka Tom Boys),” Divaina, May 17, 2009; “Person who
had Disguised Himself as a Man for 20 Years Becomes
a Woman at the Police Station,” Lankadeepa, January
3, 2009; “16-year-old Nomadic/ Gypsy Girl, Disguised
as a Man, Arrested as a Suspect for a Murder Case,”
Lankadeepa, May 11, 2005; “Boy becomes Girl at Dambulla
Temple,” Lankadeepa, March 10, 2004; “Female Corporal
Arrested on Charges of Giving Fake ID to Male Army Officer
Disguised as a Female Army Officer,” Sunday Lankadeepa,
January 18, 2003; “Case of Man Disguised as Woman,”
Sunday Lankadeepa, July 20, 2003. Please see Appendix B
for more details of archived media reports.
232 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
in life. The word “intersex” replaces “hermaph-
rodite,” which is generally considered impolite Transgender is an umbrella term for people
and/or derogatory. whose gender identity, expression or behaviour
is different from that typically associated with
LGBTIQ: an acronym which stands for Lesbian, their assigned sex at birth, including but not
Gay, Bisexual, Transgender, Intersex, Questioning limited to transsexuals, travestis, transvestites,
and Queer. (Although more recently, with an transgenderists, cross-dressers, and gender
increasing number of identity categories and non-conforming people. Transgender people
labels this has expanded to LGBBHHTTQQI may be heterosexual, lesbian, gay or bisexual.
to include Lesbian, Gay, Bisexual, Bi-curious, “Transgender,” as it is used in western societies,
Heterosexual, Homosexual, Transgender, Trans- has limited resonance in many other countries.
sexual, Queer, Questioning and Intersex). The term does not convey the multiple and
diverse expressions of gender identity or the in-
Lesbian: a woman who is emotionally and/or tersecting expressions of sexual desire, intimacy
physically attracted to other women. and gender nonconformity. For example, Metis
in Nepal, like Zananas in Pakistan and Travesti
Non-Heteronormative Women / Men: is a term in Argentina are effeminate men who have not
used to describe women / men who choose to surgically altered their bodies or transitioned
live outside the heterosexist and heteronormative to being women. Hijra in India may or may
framework. not be castrated and have sex with straight men
but not gay men. In many cultures, the terms
Ponnaya: derogatory slang in the Sinhala lan- “third gender” or “other gender” are frequently
guage, used to refer to a gay / effeminate man. It preferred over “transgender.” In Sri Lanka, the
also has “multilayered meanings, and is used as a Nachchi are “best characterized as both trans-
scornful characterization of men who have failed gender and homosexual: they embrace a femi-
to meet Sri Lanka’s hegemonic standards of mas- nine gendered subjectivity, but with no interest
culinity: a cuckolded husband, a man who fails to in abandoning key facets of their “maleness,”
provide for his family, a man who is effeminate, and are also unwavering in their ardent sexual
a man whose sexual desire is for men” (Miller & desire for men” (Miller & Nichols, 2012: 555).
Nichols, 2012: 557).
Trans*: (with the asterisk) is a term that is used
Queer: a person who transgresses established as an umbrella term to include all the identities
gender and/or sexual norms. Queer refers to within the gender identities spectrum. This can
LGBTIs as well as heterosexual persons who live mean many experiences of sex and gender: trans,
outside heteronormative / heterosexist norms. transsexual, transgender, genderqueer.
113 A lthough we use ‘LBT’ here, it must be noted that there were
some respondents who preferred not to identify as either
‘lesbian’, ‘bisexual’ or ‘trans’. Please see Section IV: Interviewee
Demographics for more details.
234 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
the interviews that they did have experiences of it would lessen my chances of finding a
violence on the basis of their sexual orientation. boyfriend. He also said that homosexuality
It was also a point of interest that a number of is something that is hidden in our society,
respondents found it uncomfortable to refer to and that we should not try to unearth this
their parents or family members as “perpetra- rubbish because it would only make things
tors,” even though they were the cause of their worse. He noted that for many cases of
emotional/psychological violence. divorce, they had cases where the husband
was a gay man. In the end he agreed to be
Stakeholder interviews, conducted by two researchers, interviewed, but he wanted most of his
were often challenging. Both researchers had to views and attitudes to be off record.”
face prejudice from potential participants who
were not too keen to be interviewed, or who had
anti-gay attitudes. In deciding who should inter- STAKEHOLDER CATEGORY: MEDICAL HEALTH
view stakeholders (many of whose attitudes on the
Researcher’s Location: Rural
subject were not known), we opted to be strategic
and not choose researchers whose appearance—in
“The doctor reprimanded me, espe-
combination with their research questions—could
cially because he knew my husband.
potentially provoke curiosity about their gender
He said he was very sad that his friend’s
or sexuality. Despite this strategy however, both
wife was doing such research. He also
researchers who conducted stakeholder interviews
said that western culture is destroy-
had faced inappropriate questions such as,
ing our culture by being brought into
our villages by this kind of research. I
“Are you being paid? If so, how much are
responded by saying that it [homosex-
you being paid to do this research?”
uality] happened in the past during the
ancient kingdoms. But he retorted by
“Which countries are funding this
saying that I would not know this as I
research?”
was not there during that time!”
“Why is it that you have long hair?”
STAKEHOLDER CATEGORY: MEDICAL HEALTH
“Do you have a boyfriend?” Researcher’s Location: Rural
Both researchers were instructed to record their “This doctor had pointed out that many
experiences conducting interviews. We have children were sent for counselling by their
reproduced some excerpts from their field notes to parents and teachers if they demonstrated
illustrate stakeholders’ attitudes. any same-sex attraction. The counselling
would put them back on the correct path.
STAKEHOLDER CATEGORY: LAWYER Even though this doctor was theoretically
ok about homosexuality, he did not want
Researcher’s Location: Urban
to be supportive of it on record.”
“When he heard the name of the research,
he was very worried. He wanted to know
how I had got his name and number. He
said he did not want to be recorded. He
asked me if I had a boyfriend and when
I replied that I did not have one, he said
he was not surprised, implying that if I
continue to do research on such topics,
9
1
2 Page 109 Used with permission from KRYSS.
8
3
Artwork Credit: Rosie Marie, Violence
7 4
Is Not Our Culture, KRYSS, 2012
6 5
Page 129 Used with permission from KRYSS.
Photo Credits: Artwork Credit: Jellene Khoh, Violence
1. Grace Poore Is Not Our Culture, KRYSS, 2012
2. Courtesy of Ang LadLad
3. Theresa Thadani PAKISTAN CHAPTER
4. Grace Poore Page 146 Photo Credit: Theresa Thadani
5. Theresa Thadani
6. Jay, Women’s Support Group, Sri Lanka PHILIPPINES CHAPTER
7. Jay, Women’s Support Group, Sri Lanka Page 166 Photo Credit: Courtesy of Ang LadLad
8. Theresa Thadani
Page 177 Photo Credit: Rainbow Rights Project
9. Grace Poore
Page 185 Photo Credit: Still from “Courage
Unfolds” video, IGLHRC, 2011
EXECUTIVE SUMMARY
Page 1 Photo Credit: Theresa Thadani SRI LANKA CHAPTER
Page 200 Photo Credit: Jay Kuru Utumpala
Page 4 Photo Credits: Courtesy of the United
Nations, http://www.ohchr.org/ Page 203 Photo Credit: Megara Tegal
236 VIOLENCE: Through the Lens of Lesbians, Bisexual Women and Transgender People in Asia
Cover05072014RR.indd 4-5 5/7/14 10:18 PM
Lesbians, bisexual women, and trans people (LBTs) in Japan, Malaysia, Pakistan,
the Philippines, and Sri Lanka experience discrimination and exclusion in their
communities and homes, at school, at work, and in public spaces. Legal protections
and policy frameworks to address these issues are either non-existent or grossly
inadequate. The result is preventable suffering and human rights violations.
While sustained emotional violence took its toll, the individuals interviewed for this
report showed great resilience and creativity, often banding together to transcend
discrimination.
IGLHRC and its partners call on governments in the region to recognize the human
rights and dignity of everyone, regardless of their sexual orientation or gender
identity or expression.